title-24•24 Del. Admin. Code — Regulated Professions and Occupations
24 Del. Admin. Code — Regulated Professions and Occupations
title-2424 Del. Admin. CodeRegulation
Department of Safety and Homeland Security Department of Safety and Homeland Security
Division of State Police Division of State Police
1200 Regulations Governing Security Systems and Protective Services: False Alarms
24 Del. Admin. Code § 1200-1.0 Purpose.
1.1 To encourage security system users and security businesses to properly and responsibly use and maintain the operational effectiveness of security systems.
1.2 To improve the reliability of security systems.
1.3 To reduce or eliminate false alarms.
1.4 To provide for the enforcement of civil penalties against security system users who violate the provisions under 24 Del.C. Ch. 12, Subch. provide a process of appeal for security system users who elect to contest an alleged violation of 24 Del.C. Ch. 12, Subch. II
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-2.0 Scope and Applicability.
2.1 Authority. These regulations are promulgated pursuant to 24 Del.C. §1229. These regulations shall be known as "Regulations Governing Security Systems and Protective Devices: False Alarms".
2.2 Applicability. These regulations apply to security system users as defined by 24 Del.C. §1222(22), security businesses as defined by 24 Del.C. §1222(16) and any third party vendor contracted with the State of Delaware to administer the provisions under 24 Del.C. Ch. 12, Subch. II.
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-3.0 Definitions.
"Security System Administrator" means the Delaware State Police, State Bureau of Identification, or "SBI" pursuant to 24 Del.C. §1222(18).
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-4.0 Fines.
A security system user in violation of 24 Del.C. §1227 shall be subject to a civil assessment in accordance with the penalty schedule under 24 Del.C. §1228.
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-5.0 Determination of Violation.
5.1 The third party vendor contracted with the State, in coordination with the security system administrator, shall determine whether a violation under 24 Del.C. §1227 has occurred. If a determination is made that a violation has occurred, a Notice of Violation shall be sent to the address of the security system user whose security system caused the false alarms.
5.2 There shall be a rebuttable presumption that an alarm is false if law enforcement responding to the alarm do not discover any evidence of unauthorized entry, criminal activity, or other emergency after following normal police procedures in investigating the incident.
5.3 A security system user may rebut the presumption that an alarm is false pursuant to 24 Del.C. §1222(7)(a)-(d).
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-6.0 Notice of Violation Content.
6.1 A Notice of Violation shall contain:
6.1.1 A civil violation number;
6.1.2 The name and address of the registered security system user whose security system caused the false alarms violation;
6.1.3 The registration number of the security system involved in the violation;
6.1.4 The violation charges;
6.1.5 The location/address where the violation occurred;
6.1.6 The dates and times of the violation;
6.1.7 The date of the notice of violation is mailed;
6.1.8 The amount of the civil assessment imposed and the date by which the civil assessment must be paid;
6.1.9 The name of the payee;
6.1.10 The address where the civil assessment must be sent;
6.1.11 Information advising the security system owner regarding the manner, time and place by which liability as alleged in the Notice of Violation may be contested;
6.1.12 A warning that the failure to pay the civil assessment or contest the liability within 30 days of the mailing of the Notice of Violation is deemed to be an admission as to liability which will result in a judgment being entered against the security system user named in the Notice of Violation;
6.1.13 Notice concerning the person's ability to contest the violation within 30 days from the date that the Notice of Violation has been sent to the security system user.
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-7.0 Payment of Civil Assessment.
7.1 A person electing to pay the civil assessment imposed pursuant to 24 Del.C. §1228 shall do so within 30 days to the entity at the address so designated on the Notice of Violation.
7.2 Failure to pay the civil assessment within 30 days of the date of the mailing of the Notice of Violation shall be an admission of liability, which will result in a judgment being entered against the security system user so named on the Notice of Violation.
7.3 Returned checks shall be assessed a reasonable returned check fee not to exceed administrative costs. The security system administrator shall determine the amount to be assessed against the security system user for a returned check.
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-8.0 Procedures to Contest a Violation.
8.1 A security system user may request an administrative hearing in accordance with 24 Del.C. §1229(c) to rebut the presumption that the alarm(s) were false pursuant to 24 Del.C. §1222(7).
8.2 A security system user electing to contest the violation must request an administrative hearing in writing to the entity and address specified in the Notice of Violation within 30 days the date the Notice of Violation was sent to the security system user.
8.3 If the request for an administrative hearing is not made within 30 days from the date the Notice of Violation was sent to the security system user, the security system user waives his or her right to contest the violation.
8.4 An administrative hearing shall be held by the third party vendor or entity as designated by the security system administrator within 30 days from the receipt of a request for an administrative hearing from the security system user.
8.5 The third party vendor or entity so designated by the security system administrator shall issue a decision as soon as practicable, but no later than 30 days from the date of the administrative hearing.
8.6 A security system user may request an appeal of the decision of the initial hearing to the security system administrator within 15 days from the date the decision has been sent to the security system user. The security system user shall also send a copy of his or her request for a second hearing to the entity so designated on the Notice of Violation.
8.7 A second hearing shall be held by the security system administrator within 15 days from the date the request for a second hearing has been sent to the security system administrator.
8.8 Appeal of the Final Administrative Decision.
8.8.1 Either party may elect to appeal the final administrative decision to the Justice of the Peace Court, which shall have exclusive jurisdiction.
8.8.2 An appeal of the final administrative decision must be made in writing to the Justice of the Peace court within 30 days from the date of the administrative decision.
8.8.3 A security system user electing to file an appeal to the Justice of the Peace court shall also file a copy of his or her appeal of the final administrative decision to the entity and address noted on the Notice of Violation within 30 days from the date of the administrative decision.
8.8.4 An appeal to the Justice of the Peace court shall be the final right of appeal.
History
- 15 DE Reg. 1765 (06/01/12)
24 Del. Admin. Code § 1200-9.0 Failure to Pay Civil Penalty.
If the security system user does not pay a civil assessment within 30 days of the Notice of Violation being sent to the security system user, or does not successfully contest a violation, the security system administrator, or its designee, may pursue a civil action, including seeking judgment and execution on a judgment against the security system user.
History
- 15 DE Reg. 1765 (06/01/12)
2300 Pawnbrokers, Secondhand Dealers and Scrap Metal Processors
24 Del. Admin. Code § 2300 Pawnbrokers, Secondhand Dealers and Scrap Metal Processors
Division of State Police
2300 Pawnbrokers, Secondhand Dealers and Scrap Metal Processors
1.0 Licensing
1.1 Any individual applying for a pawnbroker, secondhand dealer or scrap metal processor license under 24 Del.C. Ch. 23 must meet and maintain the following qualifications:
1.1.1 Must not be convicted of any felony within 5 years of application date; and
1.1.2 Must not have been convicted of any misdemeanor involving theft or fraud within 5 years of application date; and
1.1.3 Must not have been convicted of any misdemeanor involving drugs within 3 years of application date.
1.2 A license for a pawnbroker, secondhand dealer or scrap metal processor will not be issued if there is a pending charge as listed in Section 1.1.1, 1.1.2, or 1.1.3.
1.3 The individual applying for a pawnbroker, secondhand dealer or scrap metal processor under 24 Del.C. Ch. 23 must also meet the following qualifications:
1.3.1 Must be at least 18 years of age; and
1.3.2 Must submit a current valid Delaware Business License issued by the Delaware Division of Revenue; and
1.3.3 Physical location of business must be in the State of Delaware; and
1.3.4 Appropriate taxes must be filed to the State of Delaware and the United States of America; and
1.3.5 License must be prominently displayed at the location listed on the license along with the Delaware Business License issued by the Delaware Division of Revenue.
1.4 The individual applying for licensure under Title 24 Chapter 23 must complete the following for approval:
1.4.1 Applicant must appear in person at the Delaware State Police Professional Licensing Section, by appointment only, to submit the initial application. Licenses will be renewed annually; and
1.4.2 Compliance with 24 Del.C. §2302 and §2312 for reporting forms; and
1.4.3 Submit fingerprints, if requested to confirm the status or existence of a Delaware (CHRI) criminal history. The Director of the State Bureau of Identification (SBI) determines the fee for this process.
1.5 Renewal applications may be submitted via mail to the Professional Licensing Section no later than March 15th of each year for renewal, otherwise submission must be made in person.
1.6 Notification of a change of address, phone number, e-mail address, or contact person for the business during the license year must be made to the Delaware State Police Professional Licensing Section.
2.0 Notification of Arrest
2.1 Anyone licensed under 24 Del.C. Ch. 23 shall notify the Delaware State Police CIU within five (5) days of being arrested for a misdemeanor or felony crime. Failure to do so may result in the suspension or revocation of any pawnbroker, secondhand dealer, or scrap metal processor license.
3.0 Revocations and Emergency Suspensions
3.1 The Director of State Bureau of Identification (SBI) shall have the authority to suspend any individual licensed under 24 Del.C. Ch. 23 of the Delaware Code on an emergency basis if the Director has good cause to believe that the individual:
3.1.1 Has engaged in any conduct that is an imminent threat to public safety;
3.1.2 Has been arrested for a felony crime; or
3.1.3 Has been arrested for a misdemeanor crime involving theft, receiving stolen property, fraud, or any crime involving drugs.
3.2 Any individual whose license is suspended on an emergency basis by the Director shall be entitled to a hearing before the Superintendent of State Police or his designee within thirty (30) days if the individual requests a hearing in writing within ten (10) calendar days of the date of the notice of the emergency suspension. At the hearing, the individual will have the right to counsel, the right to present evidence and to examine and cross examine witnesses. The hearing will not be subject to the case decision requirements of the Administrative Procedures Act. After the hearing, the Superintendent or his designee may either lift the emergency suspension, or continue the suspension until the resolution of the criminal charge(s) and will notify the individual in writing of the decision.
3.3 If the individual whose license is suspended on an emergency basis is not convicted of the crime because the charge is nolle prossed or otherwise dismissed by the court, or if the individual no longer poses an imminent threat to public safety, then the individual may apply in writing to the Director to lift the suspension administratively. The individual has the burden to prove that the basis for the emergency suspension no longer exists.
3.4 If the individual whose license is suspended on an emergency basis is convicted of the crime, or continues to pose imminent threat to public safety, then the Director may issue a notice of intent to revoke the license. If the individual makes a written request for a hearing within ten (10) days of the date of the notice, the matter will be heard before the Superintendent or his designee. At the hearing, the individual will have the right to counsel, to present evidence, and to examine and cross-examine witnesses. The hearing will not be governed by the case decision requirements of the Administrative Procedures Act.
3.5 If the hearing officer determines that there is good cause to revoke the license, then he/she shall so notify the individual in writing. There shall be no further appeal within the Department of Safety and Homeland Security.
3.6 Any individual whose license has been revoked cannot be reinstated. Revocation may be a ground for denying the individual's application for a new license, depending upon the reason for the revocation and the lapse of time.
4.0 Electronic Reporting
4.1 Pawnbrokers, Secondhand Dealers and Scrap Metal Processors will electronically report their required transactions as outlined by 24 Del.C. Ch. 23 via a method acceptable to the Delaware State Police.
4.2 All costs and fees associated with this reporting shall be incurred by the business. These feels will be in addition to those required to obtain licensure.
11 DE Reg. 687 (11/01/07)
13 DE Reg. 856 (12/01/09)
16 DE Reg. 540 (11/01/12)
Department of State Department of State
Division of Professional Regulations Division of Professional Regulations
100 Board of Accountancy
24 Del. Admin. Code § 100-1.0 General Provisions
1.1 Pursuant to 24 Del.C. Ch. 1, the Delaware Board of Accountancy is authorized to, and has adopted, these Rules and Regulations. The Rules and Regulations are applicable to all certified public accountants, public accountants, permit holders and applicants to the Board.
1.2 Information about the Board, including its meeting dates, may be obtained by contacting the Board’s Administrative Specialist at the Division of Professional Regulation, Cannon Building, 861 Silver Lake Boulevard, Ste. 203, Dover, Delaware 19904, telephone (302) 744-4500. Requests to the Board may be directed to the same office.
1.3 The Board’s President shall preside at all meetings of the Board and shall sign all official documents of the Board. In the President’s absence, the Board’s Secretary shall preside at meetings and perform all duties usually performed by the President.
1.4 The Board may seek counsel, advice and information from other governmental agencies and such other groups as it deems appropriate.
1.5 The Board may establish such subcommittees as it determines appropriate for the fair and efficient processing of the Board’s duties.
1.6 The Board reserves the right to grant exceptions to the requirements of the Rules and Regulations upon a showing of good cause by the party requesting such exception, provided that the exception is not inconsistent with the requirements of 24 Del.C. Ch. 1.
1.7 Board members are subject to the provisions applying to “honorary state officials” in the “State Employees’, Officers’ and Officials’ Code of Conduct,” found at 29 Del.C. Ch. 58. No member of the Board shall serve as a peer reviewer in a peer review of a licensee or be an instructor in an examination preparation course or school or have a financial interest in such an endeavor.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-2.0 Professional Conduct
A certified public accountant, or a public accountant holding a certificate or permit issued by this Board, agrees to comply with the Rules of Conduct contained in the Code of Professional Ethics of the American Institute of Certified Public Accountants. All changes in the Rules and Interpretations made by the AICPA shall automatically be made a part of these Rules and Regulations unless specifically rejected by the Board.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-3.0 Definitions
The following words and terms when used in this regulation have the following meaning:
"AICPA" means American Institute of Certified Public Accountants.
For purposes of the definition of “attest”, the Board adopts and incorporates by reference the AICPA’s Statements on Auditing Standards SAS.
“Audit” means the procedures performed in accordance with applicable auditing standards for the purpose of expressing or disclaiming an opinion on the fairness with which the historical financial information is presented in conformity with generally accepted accounting principles, another comprehensive basis of accounting, or basis of accounting described in the report. This definition does not include "audit" as used in subsections 7.2.2.2 and 9.2.2.2.
"Board" means the Delaware Board of Accountancy.
"CPE" means continuing professional education.
“Financial statements” means statements and footnotes related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes in financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. The term does not include incidental financial data included in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules.
"NASBA" means the National Association of State Boards of Accountancy.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-4.0 Applications
4.1 Applications for examination and permits to practice and renewals of permits to practice shall be submitted on forms approved by the Board.
4.2 The Board may require additional information or explanation when it has questions about an applicant’s qualifications or application materials. An application is not complete or in proper form until the Board has received all required and requested documents, materials, information and fees.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-5.0 Designations
5.1 Only the following individuals and entities may use the designation "certified public accountant", the abbreviation "CPA", and other designations which suggest that the individual or entity is a certified public accountant or practicing certified public accountancy:
5.1.1 An individual who is registered with the Board and holds an active permit to practice as a certified public accountant. A permit to practice is considered to be active when the holder has not placed the permit to practice in inactive status pursuant to 24 Del.C. §106(a), 24 Del.C. §108(e) or subsection 5.5 of this regulation and when the holder has properly renewed that permit during the most recent renewal period.
5.1.2 A sole proprietorship, partnership, corporation, or any other entity authorized under Delaware law or a similar statute of another state which is registered with the Board and holds a current firm permit to practice.
5.1.3 An individual who qualifies for a practice privilege under 24 Del.C. §109.
5.1.4 A sole proprietorship, partnership, corporation, or any other legal entity that is practicing certified public accountancy in Delaware under a practice privilege.
5.2 Holders of certificates only who have never held a permit to practice may not use the designation “CPA”.
5.3 [Reserved]
5.4 After June 30, 2017, the holder of a certificate who previously held a permit to practice and did not reinstate the permit to practice pursuant to 24 Del.C. §108(g) and Section 7.0 may not use the designation “CPA (not in public practice)”.
5.5 The holder of a CPA permit to practice who no longer provides any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, regardless of whether that service or advice is compensated for, may notify the Board that they want to place the permit to practice in inactive status pursuant to the following:
5.5.1 Such notification must be made on a form approved by the Board and
5.5.2 Such notification must be done after the holder of the permit to practice is no longer providing the service or advice stated in subsection 5.5.
5.5.3 Inactive status is not effective until the holder is duly notified by the Board that the Board has approved the request for inactive status.
5.5.4 The holder of an inactive permit to practice is exempt from continuing education requirements until they want to change their permit status to active.
5.5.5 The holder of an inactive permit to practice may use the designation “CPA, Inactive”.
5.5.6 If the holder of an inactive permit wants to reactivate their permit to practice, they must do so prior to providing any type of service or advice stated in subsection 5.5 and must meet the continuing education requirement then in effect. Such continuing education must have been completed within the 2 years prior to the date of the application for reactivation of the permit to practice.
5.5.7 A request to reactivate a permit to practice active must be done on a form approved by the Board and is not effective until the holder is duly notified by the Board of the Board’s acceptance of the request.
5.6 Only the following individuals and entities may use the designation "public accountant," the abbreviation "PA", and other designations which suggest that the user is a public accountant or practices public accountancy.
5.6.1 An individual who is registered with the Board and holds a permit to practice public accountancy in good standing.
5.6.2 A sole proprietorship, partnership, corporation, or any other entity authorized under Delaware law or a similar statute of another state which is registered with the Board and holds a current firm permit in good standing to practice public accountancy.
5.6.3 An individual may not refer to their business or sign tax returns as "John/Jane Doe, PA" without a permit to practice public accountancy.
5.6.4 Nothing herein shall limit the use of the designation “P.A.” when it refers to a “professional association”.
5.7 No person, sole proprietorship, partnership, corporation, or any other entity authorized under Delaware law or a similar statute of another state shall hold him/her/itself or otherwise use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", "licensed public accountant", "registered public accountant", or any other title or designation likely to be confused with "certified public accountant" or "public accountant", or any other abbreviations of any prohibited titles or designations likely to be confused with "CPA" or "PA". It is not a violation of this clause for an individual on whom has been conferred, by the Internal Revenue Service, the title enrolled agent to use that title or the abbreviation "EA".
5.8 No person, sole proprietorship, partnership, or corporation, or any other entity authorized under Delaware law or a similar statute of another state shall use a title, certification or specialized designation that includes the word "accredited" or "certified" or an abbreviation of such a title, certification or designation or otherwise claim a qualification unless that designation has been conferred by a bona fide organization after evaluation of the individual's credentials and competencies. This includes such certifications and designations as “Certified Financial Planner™”, "CFP", "CVA", "ABV", etc.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-6.0 Requirements and Qualifications for a Permit to Practice as a Certified Public Accountant
6.1 Each person who is engaged in the practice of certified public accountancy whether as a principal or employee of a firm and whose principal place of business is in Delaware must maintain a valid permit to practice certified public accountancy. A valid permit to practice is one that has not been placed in inactive status pursuant to 24 Del.C. §108(e) and subsection 5.5 and has been renewed during the most recent renewal period by meeting the applicable continuing education and any other applicable requirements.
6.2 Each applicant for a permit to practice certified public accountancy pursuant to 24 Del.C. §107 must provide the Board with the following:
6.2.1 A statement under oath or other verification satisfactory to the Board that the applicant has not been convicted of a crime that is substantially related to the practice of accountancy as stated in subsection 12.1.
6.2.2 Evidence in a form satisfactory to the Board that the applicant has successfully passed the Uniform Certified Public Accountant Examination or its successor examination as established by the AICPA and the NASBA.
6.2.2.1 Applications to take the Certified Public Accountant Examination must be made on a form provided by the Board or its designee and filed with the Board or its designee by a due date specified by the Board or its designee in the application form.
6.2.2.2 An application will not be considered filed until the application fee and examination fee required by this regulation and all required supporting documents have been received, including proof of identity as determined by the Board or its designee and specified on the application form, official transcripts and proof that the applicant has satisfied the education requirement.
6.2.2.3 An applicant who fails to appear for the examination shall forfeit all fees charged for both the application and the examination.
6.2.2.4 The Board or its designee will forward notification of eligibility for the computer-based examination to NASBA’s National Candidate Database.
6.2.2.5 Eligible applicants shall be notified of the time and place of the examination, or shall independently contact the Board, the Board’s designee or a test center operator to schedule the time and place for the examination at an approved test site. Scheduling reexaminations must be made in accordance with subsection 6.2.2.8.
6.2.2.6 The examination required by 24 Del.C. §107 shall test the knowledge and skills required for performance as an entry-level certified public accountant. The examination shall include the subject areas of accounting and auditing and related knowledge and skills as the Board may require.
6.2.2.7 An applicant shall be required to pass all test sections of the examination in order to qualify for a permit to practice. The applicant must attain the uniform passing grade established through a psychometrically acceptable standard-setting procedure and approved by the Board.
6.2.2.8 An applicant may take the required test sections individually and in any order. Credit for any test sections passed shall be valid for 30 months from the actual date the applicant took that test section, without having to attain a minimum score on any failed test sections and without regard to whether the applicant has taken other test sections.
6.2.2.8.1 Applicants must pass all 4 test sections of the Uniform CPA Examination within a rolling 30-month period, which begins on the date that the first test section passed is taken.
6.2.2.8.2 Applicants cannot retake a failed test section in the same examination window. An examination window refers to a specified time period (currently 3 months) in which applicants have an opportunity to take the CPA examination.
6.2.2.8.3 If the Board determines the examination changes necessary to eliminate the test window limitations have been implemented, subsection 6.2.2.8.2 will no longer be effective, and applicant can retake a test section once their grade for any previous attempt of that same test section has been released.
6.2.2.8.4 In the event all 4 test sections of the Uniform CPA Examination are not passed within the rolling 30-month period, credit for any test section passed outside the 30-month period will expire and that test section must be retaken.
6.2.2.9 An applicant shall retain credit for any and all test sections of the examination passed as a candidate of another state if such credit would have been given under then applicable requirements in Delaware.
6.2.2.10 An applicant shall be deemed to have passed the Uniform CPA Examination once the applicants holds at the same time valid credit for passing each of the 4 test sections of the examination. For purposes of this section, credit for passing a test section of the computer-based examination is valid from the actual date of the testing event for that test section, regardless of the date the applicant actually receives notice of the passing grade.
6.2.2.11 Notwithstanding subsection 6.2.2.10, the Board may in particular cases extend the term of credit validity upon a showing that the credit was lost by reason of circumstances beyond the applicant’s control.
6.2.2.12 The applicant shall, for each test section scheduled by the applicant to the Board or its designee, pay a testing fee that includes the actual fees charged by the AICPA, NASBA, and the test delivery service provider, as well as reasonable application fees established by the State Board or its designee.
6.2.2.13 Cheating by an applicant in applying for, taking or subsequent to the examination will be deemed to invalidate any grade otherwise earned by an applicant on any test section of the examination, and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.
6.2.2.14 For purposes of this regulation, the following actions or attempted activities, among others, may be considered cheating:
6.2.2.14.1 Falsifying or misrepresenting educational credentials or other information required for admission to the examination;
6.2.2.14.2 Communication between applicants inside or outside the test site or copying another applicant’s answers while the examination is in progress;
6.2.2.14.3 Communication with others inside or outside the test site while the examination is in progress;
6.2.2.14.4 Substitution of another person to sit in the test site in the stead of an applicant;
6.2.2.14.5 Reference to crib sheets, textbooks or other material or electronic media (other than that provided to the applicant as part of the examination) inside or outside the test site while the examination is in progress;
6.2.2.14.6 Violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so, or otherwise participating in the collection of Test Items for use, redistribution or sale;
6.2.2.14.7 Retaking or attempting to retake a test section by an individual holding a valid certificate or permit to practice or by an applicant who has unexpired credit for having already passed the same test section, unless the individual has been directed to retake a test section pursuant to Board order or unless the individual has been expressly authorized by the Board to participate in a “secret shopper” program.
6.2.2.15 In any case where it appears that cheating has occurred or is occurring, the Board or its representatives may either summarily expel the applicant involved from the examination or move the applicant to a position in the test center away from other examinees where the applicant can be watched more closely.
6.2.2.16 In any case where the Board believes that it has evidence that an applicant has cheated on the examination, including those cases where the applicant has been expelled from the examination, the Board shall conduct an investigation and may conduct a hearing consistent with the requirements of the state’s Administrative Procedures Act following the examination session for the purpose of determining whether or not there was cheating, and if so what remedy should be applied. In such proceedings, the Board shall decide:
6.2.2.16.1 Whether the applicant shall be given credit for any portion of the examination completed in that session; and
6.2.2.16.2 Whether the applicant shall be barred from taking the examination and if so, for what period of time.
6.2.2.17 In any case where the Board or its representative permits an applicant to continue taking the examination, it may depending on the circumstances:
6.2.2.17.1 Admonish the applicant;
6.2.2.17.2 Seat the applicant in a segregated location for the rest of the examination;
6.2.2.17.3 Keep a record of the applicant’s seat location and identifying information, and the names and identifying information of the applicants in close proximity of the applicant; and
6.2.2.17.4 Notify the National Candidate Database and the AICPA and the test center of the circumstances, so that the applicant may be more closely monitored in future examination sessions.
6.2.2.18 In any case in which an applicant is refused credit for any test section of an examination taken, disqualified from taking any test section, or barred from taking the examination in the future, the Board will provide to the Board of Accountancy of any other state to which the applicant may apply for the examination information as to the Board’s findings and actions taken.
6.2.2.19 Notwithstanding any other provisions under this regulation, the Board or its designee may postpone scheduled examinations, the release of grades, or the issuance of permits to practice due to a breach of examination security; unauthorized acquisition or disclosure of the contents of an examination; suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or for any other reasonable cause or unforeseen circumstance.
6.2.3 Evidence in a form satisfactory to the Board that the applicant has successfully completed the AICPA self-study program "Professional Ethics for CPAs," or its successor course, with a passing grade within 10 years of the date of the application.
6.2.4 Evidence in a form satisfactory to the Board that the applicant has completed at least 150 semester hours of college education including a Baccalaureate Degree or a higher degree or met the educational requirements of a state that was deemed to be substantially equivalent as of January 1, 2009 and in which the applicant was a CPA examination candidate and passed said exam. The total educational program shall include a concentration in accounting.
6.2.4.1 The applicant also must, upon request, submit proof that the college or university granting the degree was, at the time of the applicant's graduation, accredited by the Middle States Commission on Higher Education or by another comparable regional accrediting association. A degree granted by a college or university not so accredited at the time of applicant's graduation will not be accepted. Graduates of non-United States (U.S.) degree programs will be required to have their credentials evaluated by a credential evaluation service acceptable to the Board, to determine equivalency to U.S. regional accreditation.
6.2.4.2 The concentration in accounting must be completed at an accredited college or university and consist of at least 24 semester hours of courses in accounting principles, intermediate accounting, cost accounting, tax, auditing, advanced accounting, accounting information systems, and law. Courses in other business subjects, such as banking, computer science, economics, finance, insurance, management and marketing will not be accepted as accounting courses for this purpose.
6.2.5 Evidence in a form satisfactory to the Board that the applicant meets all of the following experience requirements:
6.2.5.1 Experience may consist of providing any type of services or advice using accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills.
6.2.5.2 Qualifying experience shall be verified by a United States certified public accountant who at the time of supervision held a valid CPA permit to practice from Delaware or a comparable license from another United States jurisdiction and who supervised the applicant. The verification shall be notarized.
6.2.5.3 Each applicant must submit an affidavit from the applicant’s supervisor for each employer with whom qualifying experience is claimed, setting forth the dates of employment, describing the nature of applicant's duties by area and affirming that the applicant discharged their duties in a competent and professional manner. The affidavit must be signed by the supervising certified public accountant and notarized and include a statement indicating the jurisdiction of their license.
6.2.5.4 Only experience obtained after the conferring of the degree under which the candidate applies shall be accepted. A "year" of qualifying experience shall consist of full or part-time employment that extends over a period of no less than a year and no more than 3 years and includes no fewer than 2,000 hours of performance of services described in subsection 6.2.5.1.
6.2.6 A statement under oath or other verification satisfactory to the Board that the applicant has not engaged in any acts that would be grounds for discipline by the Board.
6.2.7 A certified statement from the licensing authority, or comparable agency, that the applicant has no pending disciplinary proceedings or complaints against him or her in each jurisdiction where the applicant currently or previously held a permit to practice.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-7.0 Issuance and Renewal of CPA Permits to Practice and Maintenance of Competency
7.1 Reciprocity
7.1.1 This regulation provides 2 distinct routes for an individual already licensed in another state to obtain a reciprocal permit to practice in Delaware. Individuals may qualify for a reciprocal permit to practice as described in 24 Del.C. §109 (substantial equivalency) or as described in Section 108(c)(2) and subsection 7.2 of this regulation. Individuals with a principal place of business in another state may offer or render services in Delaware pursuant to substantial equivalence (see 24 Del.C. §109).
7.1.2 If the substantial equivalency standard set out in 24 Del.C. §109 is not applicable, the Board shall issue a reciprocal permit to practice to the holder of a certificate, license or permit issued by another state provided that the applicant meets each of the following requirements:
7.1.2.1 Has successfully completed the CPA examination. Successful completion of the examination means that the applicant passed the examination in accordance with the rules of the other state at the time it granted the applicant’s initial certificate, license or permit.
7.1.2.2 Has satisfied the 4-in-10 experience requirement set out in 24 Del.C. §108(c)(2)(b).
7.1.2.3 Has experience of the type required under the 24 Del.C. §107(f) and this regulation for issuance of the initial permit to practice.
7.1.2.4 Has met the continuing professional education ("CPE") requirement pursuant to 24 Del.C. §108(e).
7.2 CPE requirements for renewal of permits to practice
7.2.1 Hours Required
7.2.1.1 Each permit holder must have completed at least 80 hours of acceptable CPE each biennial reporting period. Each biennial reporting period ends on June 30 of each odd-numbered year. The 80 hours of acceptable CPE submitted must have been completed in the immediately preceding 2-year period and must include 8 credit hours in accounting or auditing and 8 credit hours in taxation and 4 credit hours in a Delaware specific ethics course approved by the Board as set forth in subsection 7.2.3.2. In addition to these 20 specified hours, each permit holder must complete at least an additional 20 credit hours in either accounting, auditing, or taxation.
7.2.1.2 Each permit holder must complete at a minimum 20 hours of CPE in each year of the reporting period.
7.2.2 Reporting Requirements. License renewal may be accomplished online at www.dpr.delaware.gov. Each permit holder shall attest as to whether the CPE was completed as required by subsection 7.2.
7.2.2.1 Attestation shall be completed electronically.
7.2.2.2 Audits will be performed by the Board to ensure compliance with the CPE requirements.
7.2.2.2.1 The Board will notify permit holders within 180 days of June 30 of each biennial renewal period that they have been selected for audit.
7.2.2.2.2 Permit holders selected for random audit shall be required to submit a summary of their CPE attendance on a Board approved log with verification within 30 days of the date of notification of selection for audit.
7.2.2.3 Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CPE requirements in subsection 7.2. Verification must include the following information:
7.2.2.3.1 Date of course;
7.2.2.3.2 Location of course, if applicable;
7.2.2.3.3 Field of study;
7.2.2.3.4 Sponsor of course;
7.2.2.3.5 Title of course or description of content;
7.2.2.3.6 Number of hours claimed; and
7.2.2.3.7 Type of instructional/delivery method.
7.2.2.4 The Board shall review all documentation submitted by permit holders pursuant to the audit. If the Board determines that the permit holder has met the CPE requirements, their permit shall remain in effect. If the Board determines that the permit holder has not met the requirements, the permit holder shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CPE requirements. Unjustified noncompliance with the requirements set forth in this regulation shall constitute a violation of 24 Del.C. §117(6) and the permit holder may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §118. The Board has the authority to enter into a consent agreement with the permit holder prior to conducting a hearing.
7.2.3 Proration. CPE requirements shall be prorated for new permit holders or holders of permits issued upon re-entry from inactive status pursuant to subsection 7.2.11.4 only. Thereafter all permit holders are required to complete at least 80 hours of acceptable CPE biennially.
7.2.3.1 If the initial permit or permit issued upon re-entry from inactive status was issued less than 1 year prior to the renewal date, there shall be no CPE requirement for that period. The requirement of a minimum of 20 hours to be completed in each year shall be waived.
7.2.3.2 If the initial permit or permit issued upon re-entry from inactive status was issued at least 1 year, but less than 2 years prior to the renewal date, the CPE requirement shall be 40 hours for that period, and the requirement of a minimum of 20 hours to be completed in each year shall be waived. The 40 hours of CPE shall consist at a minimum of 8 credit hours in accounting or auditing and 8 credit hours in taxation and 4 credit hours in a Delaware specific ethics course approved by the Board.
7.2.4 Exceptions. The Board has the authority to make exceptions to the CPE requirements for reasons of individual hardship including health, military service, or other good cause. Requests for exceptions shall be made in writing and received by the Board prior to the applicable renewal period.
7.2.5 Qualified Programs
7.2.5.1 CPE activities are learning opportunities that contribute directly to a licensee's knowledge, ability, and competence to perform their professional responsibilities. CPE activities should address the licensee's current and future work environment, current knowledge and skills, and desired or needed knowledge and skills to meet future opportunities or professional responsibilities.
7.2.5.2 The following learning activities shall qualify for CPE credit:
7.2.5.2.1 A learning activity that is coordinated and presented by a qualifying CPE program sponsor as set forth in subsection 7.2.6. The sources of qualifying learning activities include the following:
7.2.5.2.1.1 Group Programs. Group programs include any group live or group internet-based programs. Group live programs are those in which participants engage simultaneously in learning activities in a group environment with real time interaction of a qualified instructor or subject matter expert that provides the required elements of attendance monitoring and engagement. Group internet-based programs are those in which an individual participates in simultaneous learning with other participants through the internet with real time interaction of an instructor or subject matter expert and built-in processes for attendance and interactivity.
7.2.5.2.1.2 Self-Study Programs. Self-study programs are defined as a program of learning completed individually without the assistance or interaction of a real time instructor.
7.2.5.2.1.3 Blended Learning Programs. Blended learning programs are defined as an educational program that includes both a learning activity in which the participant has control over time, place or pace of learning and a group program in which participants engage simultaneously in learning activities and incorporates different instructional delivery methods or instructional strategies or different levels of guidance. Blended learning programs must employ instructional strategies that clearly define learning objectives and guide the participant through a program of learning. Pre-program, post-program, and homework assignments should enhance the learning program experience and must relate to the defined learning objectives of the program.
7.2.5.2.1.4 Nano Learning Programs. Nano learning programs are completed individually without the assistance or interaction of a real time instructor that is designed to permit a participant to learn a given subject in a minimum of 10 minutes and less than 20 minutes through the use of electronic media (including technology applications and processes and computer-based or web-based technology). A nano learning program differs from a self-study program in that it is typically focused on a single learning objective and is not paper based. A nano learning program is not a group program. Nano learning is not a substitute for comprehensive programs addressing complex issues. Nano learning programs must employ instructional strategies that clearly define a minimum of one learning objective, guide the participant through a program of learning, and provide evidence of a participant's satisfactory completion of the program. Satisfactory completion of the program must be confirmed at the conclusion of the program through a qualified assessment. Review questions or other content reinforcement tools may be included in a nano learning program.
7.2.5.2.1.5 Instructor/Developer of CPE programs in subsections 7.2.5.2.1.1, 7.2.5.2.1.2, 7.2.5.2.1.3, 7.2.5.2.1.4, 7.2.5.2.2, and 7.2.5.2.4 of this regulation.
7.2.5.2.2 A college or university course that is coordinated and presented by a qualifying university or college. No CPE shall be permitted for attending or instructing college or university courses considered to be basic or introductory accounting courses or CPA exam preparation/review courses. No CPE credit shall be given for non-credit courses.
7.2.5.2.3 Authorship of published articles, books, or other publications relevant to maintaining or improving professional competence.
7.2.5.2.4 Specialized group learning activity that is coordinated and presented by a person, firm, association, corporation, or group, other than a qualifying CPE program sponsor as defined in subsection 7.2.6. These programs are generally related to topics of specialized knowledge field of study by persons or organizations with expertise in these specialized industries.
7.2.5.2.5 Participation and work on a technical committee of an international, national, or state professional association, council, or member organization or a member organization of a governmental entity that supports professional services or industries that require unique and specific knowledge in technical fields of study.
7.2.6 Qualifying CPE Sponsors. The following are deemed to be qualifying CPE program sponsors provided they offer activities that comply with Section 7.0 this regulation:
7.2.6.1 Persons, firms, associations, corporations, or other groups that are members of NASBA's National Registry of CPE Sponsors.
7.2.6.2 Recognized national and state professional accounting associations and their local affiliates.
7.2.6.3 Universities or colleges accredited at the time the CPE program was delivered by virtue of accreditation by an organization recognized by the Middle States Commission on Higher Education or by a comparable regional accrediting organization.
7.2.6.4 Accounting firms with an active firm permit to practice or its equivalent.
7.2.6.5 Persons, firms, associations, corporations, or other groups that are approved by the Board to offer Delaware-specific ethics.
7.2.7 Evidence of CPE Completion. Acceptable evidence for completion of qualifying learning activities shall include the following:
7.2.7.1 For programs or courses as set forth in subsections 7.2.5.2.1 and 7.2.5.2.2, acceptable evidence includes a certificate of completion or transcript issued by the qualifying CPE program sponsor.
7.2.7.2 For activities as set forth in subsection 7.2.5.2.3, acceptable evidence includes a copy of the publications that names the licensee as author or contributor; a statement from the licensee supporting the number of CPE credits claimed; and the name and contact information of the independent reviewer or publisher.
7.2.7.3 For programs or courses as set forth in subsection 7.2.5.2.4, acceptable evidence includes a certificate of attendance or other verification supplied by the program sponsor. If a certificate of attendance or other verification is not available, then acceptable evidence includes copies of the course agenda, program materials, or other documents attributable to the learning activity.
7.2.7.4 For activities as set forth in subsection 7.2.5.2.5, acceptable evidence must include a written certificate of the licensee setting forth all of the following:
7.2.7.4.1 The nature of the activity (e.g., topic or specific new competency acquired), the items discussed, and source/materials considered.
7.2.7.4.2 The dates on which the learning activity occurred.
7.2.7.4.3 The number of CPE credits attributed to the learning activity.
7.2.7.4.4 Details of the relevance of the learning activity to the participant's current or future development.
7.2.8 Computation of CPE Credits. Each approved CPE course, program, or activity shall be measured by program length, with 1 50-minute period equal to 1 CPE credit. Computation of CPE credits for qualifying CPE programs shall be as follows:
7.2.8.1 Group programs and blended learning programs. A minimum of 1 credit must be earned initially, but after the first credit has been earned, credits may be earned in ½-credit increments.
7.2.8.2 Self-study. A minimum of 1 credit must be earned initially, but after the first credit has been earned, credits may be earned in ½-credit increments. The maximum credit toward meeting the CPE requirement with self-study must not exceed 30% of the total requirement.
7.2.8.3 Nano-learning. The credit to be earned for a single nano-learning program is 1/5 credit. The maximum credit toward meeting the CPE requirement with nano learning must not exceed 5% of the total requirement.
7.2.8.4 For blended learning programs, CPE credit must be equal the sum of the CPE credit determination for the various completed components of the program.
7.2.8.5 An instructor/developer of qualifying CPE programs included in group programs, self-study programs, and blended learning programs may receive CPE credit for actual preparation time up to 2 times the number of CPE credits to which participants would be entitled, in addition to the time for presentation. For repeat presentations, CPE credit can be claimed only if it can be demonstrated that the learning activity content was substantially changed, and such change required significant additional study or research. Not more than 50% of the total CPE credits required for the CPE reporting period can be claimed for instructor/developer CPE credit.
7.2.8.6 Authors of published articles, books, and other publications may receive CPE credit for their research and writing time to the extent it maintains or improves their professional competence. For the author to receive CPE credit, the article, book, or CPE program must be formally reviewed by an independent subject matter expert. Not more than 25% of the total CPE credits required for the CPE reporting period can be claimed for author CPE credit.
7.2.8.7 For courses that are part of the curriculum of a university, college or other educational institution, each semester hour credit shall equal 15 CPE credits, and each quarter hour credit shall equal 10 CPE credits. CPE credit for instructing a college or university course shall be twice the credit that would have been granted participants for the first presentation of a specific course or program and none thereafter, except if the course content has been substantially revised. To the extent a course has been substantially revised, the revised portion shall be considered a first presentation. Not more than 50% of the total CPE credits required for the CPE reporting period can be claimed for instructor CPE credit.
7.2.8.8 Not more than 25% of the total qualifying CPE credits for a CPE reporting period may consist of a combination of the learning activities defined in subsections 7.2.5.2.4 and 7.2.5.2.5.
7.2.8.9 The following table summarizes the manner in which CPE credits may be accumulated through different types of learning activities:
7.2.9 Evidence of Completion and Retention of Records
7.2.9.1 Primary responsibility for documenting the Board’s CPE requirements rest with the applicant. Evidence in support of the requirements shall be retained for a period of 5 years after completion of the educational activity.
7.2.9.2 Sufficiency of evidence includes retention of course outlines and such signed statements of attendance as may be furnished by the sponsor.
7.2.9.3 For courses taken pursuant to subsection 7.2.8.7 an official college transcript will be considered evidence of satisfactory completion.
7.2.10 Composition of CPE. CPE credit hours may be satisfied by general subject matters so long as they contribute to the professional competence of the individual practitioner. Such general subject matters include the following areas:
7.2.10.1 Accounting
7.2.10.2 Auditing
7.2.10.3 Business Law
7.2.10.4 Communications and Marketing
7.2.10.5 Computer Software and Applications
7.2.10.6 Economics
7.2.10.7 Finance
7.2.10.8 Information Technology and Data Analytics
7.2.10.9 Management Services
7.2.10.10 Personnel Relations, Business Management and Organization
7.2.10.11 Regulatory Ethics
7.2.10.12 Personal Development
7.2.10.13 Specialized Knowledge
7.2.10.14 Taxation
7.2.11 The Board may make an exception to the requirement set out in subsection 7.2.1 for a CPA permit holder who has been granted inactive status and who does not perform or offer to perform one or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports on financial statements or other compilation communication, or of one or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters. Those requesting inactive status and those granted inactive status must comply with all of the following requirements.
7.2.11.1 Permit holders who request inactive status must do so on forms prescribed by the Board. Inactive status is not valid until approved by the Board.
7.2.11.2 Permit holders granted an exception by the Board must place the word “inactive” adjacent to their CPA title on any business card, letterhead or any other document or device, with the exception of their CPA certificate, on which their CPA title appears.
7.2.11.3 Permit holders granted an exception by the Board must comply with a re-entry CPE requirement defined by the Board as set out in subsection 7.2.11.4 and must request re-entry on forms prescribed by the Board and be approved for re-entry before they may discontinue use of the word “inactive” in association with their CPA title.
7.2.11.4 Permit holders requesting re-entry must comply with the CPE requirement as set out in subsection 7.2.1.1. Only CPE completed in the 2-year period prior to the date of application for re-entry will qualify. If the CPE is completed in less than 2 years, then the requirement of a minimum of 20 hours in each year does not apply.
7.2.12 CPAs who hold expired permits as of July 1, 2016 and who failed to reinstate their permit during the 2015-2017 renewal period must meet all of the requirements for initial issuance of permits to practice.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-8.0 Substantial Equivalency
8.1 An individual whose principal place of business is and remains outside Delaware may practice certified public accountancy in Delaware under a practice privilege provided that:
8.1.1 The individual has an active certified public accountant license in good standing issued by another state which the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the certified public accountant licensure requirements of the AICPA/NASBA Uniform Accountancy Act, or the individual has an active certified public accountant license in good standing issued by another state which the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the certified public accountant licensure requirement of the AICPA/NASBA Uniform Accountancy Act, but the individual has obtained from the NASBA National Qualification Appraisal Service verification that the individual's certified public accountancy qualifications are substantially equivalent to the certified public accountant licensure requirements of the AICPA/NASBA Uniform Accountancy Act; and
8.1.2 The individual consents to each of the terms and conditions pertaining to the use of practice privileges as specified in 24 Del.C. §109.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-9.0 Requirements for Permit to Practice Public Accountancy
9.1 Each applicant for a permit to practice public accountancy must provide the Board with the following:
9.1.1 A statement under oath or other verification satisfactory to the Board that the applicant is of good character as that term is defined in 24 Del.C. §110(c)(1).
9.1.2 Evidence in a form satisfactory to the Board that the applicant holds, as a minimum, an associate degree with a concentration in accounting. Subsections 6.2.4.1 and 6.2.4.2 also apply to applicants for permits to practice public accountancy.
9.1.3 Evidence in a form satisfactory to the Board that the applicant has successfully passed the accounting examination given by the Accreditation Council for Accountancy and Taxation, which is the examination recognized by the National Society of Public Accountants, or both the Financial Accounting and Reporting (“FAR”) and Auditing and Attestation (“AUD”) portions of the Uniform Certified Public Accounting Examination. An applicant shall qualify to sit for the FAR and AUD portions of the Uniform Certified Public Accountants Examination only if the applicant holds at least a Baccalaureate Degree with 120 credit hours.
9.1.4 Evidence in a form satisfactory to the Board that the applicant has successfully completed the AICPA self-study program "Professional Ethics for CPAs", or its successor course, with a grade of not less than 90% within 10 years of the date of the application.
9.1.5 A statement under oath or other verification satisfactory to the Board that the applicant has not engaged in any acts that would be grounds for discipline by the Board.
9.1.6 A certified statement from the licensing authority, or comparable agency, that the applicant has no pending disciplinary proceedings or complaints against them in each jurisdiction where the applicant currently or previously held a permit to practice.
9.2 CPE requirements for renewal of permits to practice
9.2.1 Hours Required
9.2.1.1 Each permit holder must have completed at least 80 hours of acceptable CPE each biennial reporting period. Each biennial reporting period ends on June 30 of each odd-numbered year. The 80 hours of acceptable CPE submitted must have been completed in the immediately preceding 2-year period and must include 8 credit hours in accounting or auditing and 8 credit hours in taxation and 4 credit hours in a Delaware specific ethics course approved by the Board. In addition to these 20 specified hours, each permit holder must complete at least an additional 20 credit hours in either accounting, auditing, or taxation.
9.2.1.2 Each permit holder must complete at a minimum 20 hours of continuing professional education in each year of the reporting period.
9.2.2 Reporting Requirements: License renewal may be accomplished online at www.dpr.delaware.gov. Each permit holder shall attest as to whether the CPE was completed as required by subsection 9.2.
9.2.2.1 Attestation shall be completed electronically.
9.2.2.2 Audits will be performed by the Board to ensure compliance with the continuing professional education requirements.
9.2.2.2.1 The Board will notify permit holders within 180 days of June 30 of each biennial renewal period that they have been selected for audit.
9.2.2.2.2 Permit holders selected for random audit shall be required to submit a summary of their CPE attendance on a Board-approved log with verification within 30 days of the date of notification of selection for audit.
9.2.2.3 Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CPE requirements in subsection 9.2. Verification must include the following information:
9.2.2.3.1 Date of course;
9.2.2.3.2 Location of course, if applicable;
9.2.2.3.3 Field of study;
9.2.2.3.4 Sponsor of course;
9.2.2.3.5 Title of course or description of content;
9.2.2.3.6 Number of hours claimed; and
9.2.2.3.7 Type of instructional/delivery method.
9.2.2.4 The Board shall review all documentation submitted by permit holders pursuant to the audit. If the Board determines that the permit holder has met the continuing professional education requirements, their permit shall remain in effect. If the Board determines that the permit holder has not met the requirements, the permit holder shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing professional education requirements. Unjustified noncompliance with the requirements set forth in this regulation shall constitute a violation of 24 Del.C. §117(6) and the permit holder may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §118. The Board has the authority to enter into a consent agreement with the permit holder prior to conducting a hearing.
9.2.3 Proration. CPE shall be prorated for new permit holders only. Thereafter all permit holders are required to complete at least 80 hours of acceptable continuing professional education biennially.
9.2.3.1 If the initial permit was issued less than 1 year prior to the renewal date, there shall be no continuing professional education requirement for that period. The requirement of a minimum of 20 hours to be completed in each year shall be waived.
9.2.3.2 If the initial permit was issued at least 1 year, but less than 2 years prior to the renewal date, the continuing professional education requirement shall be 40 hours for that period, and the requirement of a minimum of 20 hours to be completed in each year shall be waived. The 40 hours of continuing professional education shall consist at a minimum of 8 credit hours in accounting or auditing and 8 credit hours in taxation and 4 credit hours in a Delaware specific ethics course approved by the Board.
9.2.4 Exceptions. The Board has the authority to make exceptions to the continuing professional education requirements for reasons of individual hardship including health, military service, retirement, or other good cause shown. Requests for exceptions shall be made in writing and received by the Board prior to the applicable renewal period.
9.2.5 Qualified Programs
9.2.5.1 CPE activities are learning opportunities that contribute directly to a licensee's knowledge, ability, and competence to perform their professional responsibilities. CPE activities should address the licensee's current and future work environment, current knowledge and skills, and desired or needed knowledge and skills to meet future opportunities or professional responsibilities.
9.2.5.2 The following learning activities shall qualify for CPE credit:
9.2.5.2.1 A learning activity that is coordinated and presented by a qualifying CPE program sponsor as set forth in subsection 9.2.6. The sources of qualifying learning activities include the following:
9.2.5.2.1.1 Group Programs. Group programs include any group live or group internet-based programs. Group live programs are those in which participants engage simultaneously in learning activities in a group environment with real time interaction of a qualified instructor or subject matter expert that provides the required elements of attendance monitoring and engagement. Group internet-based programs are those in which an individual participates in simultaneous learning with other participants through the internet with real time interaction of an instructor or subject matter expert and built-in processes for attendance and interactivity.
9.2.5.2.1.2 Self-Study Programs. Self-study programs are defined as a program of learning completed individually without the assistance or interaction of a real time instructor.
9.2.5.2.1.3 Blended Learning Programs. Blended learning programs are defined as an educational program that includes both a learning activity in which the participant has control over time, place or pace of learning and a group program in which participants engage simultaneously in learning activities and incorporates different instructional delivery methods or instructional strategies or different levels of guidance. Blended learning programs must employ instructional strategies that clearly define learning objectives and guide the participant through a program of learning. Pre-program, post-program, and homework assignments should enhance the learning program experience and must relate to the defined learning objectives of the program.
9.2.5.2.1.4 Nano Learning Programs. Nano learning programs are completed individually without the assistance or interaction of a real time instructor that is designed to permit a participant to learn a given subject in a minimum of 10 minutes and less than 20 minutes through the use of electronic media (including technology applications and processes and computer-based or web-based technology). A nano learning program differs from a self-study program in that it is typically focused on a single learning objective and is not paper based. A nano learning program is not a group program. Nano learning is not a substitute for comprehensive programs addressing complex issues. Nano learning programs must employ instructional strategies that clearly define a minimum of one learning objective, guide the participant through a program of learning, and provide evidence of a participant's satisfactory completion of the program. Satisfactory completion of the program must be confirmed at the conclusion of the program through a qualified assessment. Review questions or other content reinforcement tools may be included in a nano learning program.
9.2.5.2.1.5 Instructor/Developer of CPE programs in subsections 9.2.5.2.1.1, 9.2.5.2.1.2, 9.2.5.2.1.3, 9.2.5.2.1.4, 9.2.5.2.2, and 9.2.5.2.4 of this regulation.
9.2.5.2.2 A college or university course that is coordinated and presented by a qualifying university or college. No CPE shall be permitted for attending or instructing college or university courses considered to be basic or introductory accounting courses or CPA exam preparation/review courses. No CPE credit shall be given for non-credit courses.
9.2.5.2.3 Authorship of published articles, books, or other publications relevant to maintaining or improving professional competence.
9.2.5.2.4 Specialized group learning activity that is coordinated and presented by a person, firm, association, corporation, or group, other than a qualifying CPE program sponsor as defined in subsection 9.2.6. These programs are generally related to topics of specialized knowledge field of study by persons or organizations with expertise in these specialized industries.
9.2.5.2.5 Participation and work on a technical committee of an international, national, or state professional association, council, or member organization or a member organization of a governmental entity that supports professional services or industries that require unique and specific knowledge in technical fields of study.
9.2.6 Qualifying CPE Sponsors. The following are deemed to be qualifying CPE program sponsors provided they offer activities that comply with this regulation:
9.2.6.1 Persons, firms, associations, corporations, or other groups that are members of NASBA's National Registry of CPE Sponsors.
9.2.6.2 Recognized national and state professional accounting associations and their local affiliates.
9.2.6.3 Universities or colleges accredited at the time the CPE program was delivered by virtue of accreditation by an organization recognized by the Middle States Commission on Higher Education or by a comparable regional accrediting organization.
9.2.6.4 Accounting firms with an active firm permit to practice or its equivalent.
9.2.6.5 Persons, firms, associations, corporations, or other groups that are approved by the Board to offer Delaware-specific ethics.
9.2.7 Evidence of CPE Completion. Acceptable evidence for completion of qualifying learning activities shall include the following:
9.2.7.1 For programs or courses as set forth in subsections 9.2.5.2.1 and 9.2.5.2.2, acceptable evidence includes a certificate of completion or transcript issued by the qualifying CPE program sponsor.
9.2.7.2 For activities as set forth in subsection 9.2.5.2.3, acceptable evidence includes a copy of the publications that names the licensee as author or contributor; a statement from the licensee supporting the number of CPE credits claimed; and the name and contact information of the independent reviewer or publisher.
9.2.7.3 For programs or courses as set forth in subsection 9.2.5.2.4, acceptable evidence includes a certificate of attendance or other verification supplied by the program sponsor. If a certificate of attendance or other verification is not available, then acceptable evidence shall include copies of the course agenda, program materials, or other documents attributable to the learning activity.
9.2.7.4 For activities as set forth in subsection 9.2.5.2.5, acceptable evidence must include a written certificate of the licensee setting forth all of the following:
9.2.7.4.1 The nature of the activity (e.g., topic or specific new competency acquired), the items discussed, and source/materials considered.
9.2.7.4.2 The dates on which the learning activity occurred.
9.2.7.4.3 The number of CPE credits attributed to the learning activity.
9.2.7.4.4 Details of the relevance of the learning activity to the participant's current or future development.
9.2.8 Computation of CPE Credits. Each approved CPE course, program, or activity shall be measured by program length, with 1 50-minute period equal to 1 CPE credit. Computation of CPE credits for qualifying CPE programs shall be as follows:
9.2.8.1 Group programs and blended learning programs. A minimum of 1 credit must be earned initially, but after the first credit has been earned, credits may be earned in ½-credit increments.
9.2.8.2 Self-study. A minimum of 1 credit must be earned initially, but after the first credit has been earned, credits may be earned in ½-credit increments. The maximum credit toward meeting the CPE requirement with self-study must not exceed 30% of the total requirement.
9.2.8.3 Nano-learning. The credit to be earned for a single nano-learning program is 1/5 credit. The maximum credit toward meeting the CPE requirement with nano learning must not exceed 5% of the total requirement.
9.2.8.4 For blended learning programs, CPE credit must be equal the sum of the CPE credit determination for the various completed components of the program.
9.2.8.5 An instructor/developer of qualifying CPE programs included in group programs, self-study programs, and blended learning programs may receive CPE credit for actual preparation time up to 2 times the number of CPE credits to which participants would be entitled, in addition to the time for presentation. For repeat presentations, CPE credit can be claimed only if it can be demonstrated that the learning activity content was substantially changed, and such change required significant additional study or research. Not more than 50% of the total CPE credits required for the CPE reporting period can be claimed for instructor/developer CPE credit.
9.2.8.6 Authors of published articles, books, and other publications may receive CPE credit for their research and writing time to the extent it maintains or improves their professional competence. For the author to receive CPE credit, the article, book, or CPE program must be formally reviewed by an independent subject matter expert. Not more than 25% of the total CPE credits required for the CPE reporting period can be claimed for author CPE credit.
9.2.8.7 For courses that are part of the curriculum of a university, college or other educational institution, each semester hour credit shall equal 15 CPE credits, and each ¼-hour credit shall equal 10 CPE credits. CPE credit for instructing a college or university course shall be twice the credit that would have been granted participants for the first presentation of a specific course or program and none thereafter, except if the course content has been substantially revised. To the extent a course has been substantially revised, the revised portion shall be considered a first presentation. Not more than 50% of the total CPE credits required for the CPE reporting period can be claimed for instructor CPE credit.
9.2.8.8 Not more than 25% of the total qualifying CPE credits for a CPE reporting period may consist of a combination of the learning activities defined in subsections 9.2.5.2.4 and 9.2.5.2.5.
9.2.8.9 The following table summarizes the manner in which CPE credits may be accumulated through different types of learning activities:
9.2.9 Evidence of Completion and Retention of Records
9.2.9.1 Primary responsibility for documenting the Board’s CPE requirements rest with the applicant. Evidence in support of the requirements shall be retained for a period of 5 years after completion of the educational activity.
9.2.9.2 Sufficiency of evidence includes retention of course outlines and such signed statements of attendance as may be furnished by the sponsor.
9.2.9.3 For courses taken pursuant to subsection 9.2.8.7 an official college transcript will be considered evidence of satisfactory completion.
9.2.10 Composition of CPE. CPE credit hours may be satisfied by general subject matters so long as they contribute to the professional competence of the individual practitioner. Such general subject matters include the following areas:
9.3 Reciprocal PA permits to practice will be issued to public accountants who meet all of the following requirements:
9.3.1 The permit to practice must be in good standing in all jurisdictions in which the applicant is licensed.
9.3.2 The applicant must identify Delaware as their primary residence.
9.3.3 The applicant must meet the continuing education requirement in subsection 9.2.1 in the 2-year period preceding the date of the application.
9.4 No new permits to practice public accountancy will be issued pursuant to applications received after December 31, 2016.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-10.0 Firm Permits to Practice
10.1 A CPA firm that does not maintain an office in Delaware and is practicing certified public accountancy through an individual practicing pursuant to the practice privilege afforded by 24 Del.C. §109 and Section 8.0 is not required to have a CPA firm permit to practice or otherwise notify the Board.
10.2 Each firm which intends to be or is engaged in the practice of public accountancy in Delaware shall be required to obtain and maintain a valid permit to practice. A sole proprietor is required to hold both an individual permit to practice public accountancy and a firm permit to practice public accountancy.
10.3 Each firm that is engaged in the practice of certified public accountancy with an office in Delaware shall be required to obtain and maintain a valid permit to practice certified public accountancy. A sole proprietor is required to hold both an individual permit to practice certified public accountancy and a firm permit to practice certified public accountancy.
10.4 Each applicant for issuance of an initial firm permit to practice certified public accountancy must be enrolled in a peer review program pursuant to subsection 10.12.
10.5 Requirements
10.5.1 Each applicant for issuance or renewal of a firm permit to practice public accountancy shall be required to show that:
10.5.1.1 Each principal who performs services in Delaware, who performs services for a client located in Delaware, or who is responsible for the accounting work in Delaware, holds a valid Delaware individual permit to practice public accountancy or certified public accountancy; and
10.5.1.2 Each employee who performs services in Delaware or who performs services for a client located in Delaware holds a valid individual permit to practice public accountancy or certified public accountancy.
10.5.2 For purposes of 24 Del.C. §110 and this Section, employees of a firm with its principal offices outside of Delaware that work in excess of 80 hours in Delaware or who work for a client in Delaware must have a valid Delaware individual permit to practice.
10.6 Each applicant for issuance of an initial firm permit to practice public accountancy must be enrolled in a peer review program pursuant to subsection 10.12.
10.7 An applicant for issuance or renewal of a firm permit to practice certified public accountancy or public accountancy shall be required to register each office of the firm within Delaware with the Board, and to show that each such office is under the charge of a person holding a valid Delaware permit to practice.
10.8 Notification of changes by firms.
10.8.1 A firm registered pursuant to 24 Del.C. §111 shall file with the Board a written notification of any of the following events concerning the practice of certified public accountancy or public accountancy within Delaware within 30 days after its occurrence:
10.8.1.1 Formation of a new firm;
10.8.1.2 Addition of a partner, member, manager or shareholder;
10.8.1.3 Retirement, withdrawal or death of a partner, member, manager or shareholder;
10.8.1.4 Any change in the name of the firm;
10.8.1.5 Termination of the firm;
10.8.1.6 Change in the management of any branch office in Delaware;
10.8.1.7 Establishment of a new branch office or the closing or change of address of a branch office in Delaware; and
10.8.1.8 Issuance of the firm’s first issued financial statements and accountant’s reports for each level of service described in subsection 10.12; or
10.8.1.9 The occurrence of any event or events which would cause such firm not to be in conformity with the provisions of the Delaware Code or this regulation.
10.8.2 In the event of any change in legal form of a firm, such new firm shall within 30 days of the change file an application for an initial permit in accordance with this regulation and pay the fee required by this regulation.
10.9 Certified public accounting and public accounting firms practicing as corporations organized pursuant to Delaware law must be organized in compliance with The Professional Service Corporation Act, 8 Del.C. §601, et. seq.
10.10 All firms and accountants practicing in firms shall be bound by professional responsibility standards no less stringent than those stated in 8 Del.C. §608. Each applicant for issuance or renewal of a firm permit to practice certified public accountancy or public accountancy shall be required to cause a duly authorized individual to verify under oath that upon issuance by the Board of a firm permit to practice, the firm will be bound by professional standards no less stringent than those stated in 8 Del.C. §608.
10.11 Certified public accounting and public accounting firms may not practice using firms names that are misleading as to organization, scope, or quality of services provided.
10.12 Peer Review
10.12.1 Definitions. The following words and terms have the following definitions when used in Section 10.0:
“Enrollment in a peer review program” means a firm is required to follow all requirements of the peer review process, cooperate with those performing and administering the peer review, comply with the peer review standards and inform sponsoring organizations when firm changes occur.
“Peer review programs” mean the sponsoring organization’s entire peer review process, including but not limited to the standards for administering, performing, and reporting on peer reviews, oversight procedures, training, and related guidance materials. Peer review programs include any Board-approved peer review program, which utilizes standards for performing and reporting on peer reviews by a recognized national accountancy sponsoring organization whose standards are generally accepted by other regulatory authorities in the United States, including the AICPA Standards for Performing and Reporting on Peer Reviews.
“Peer review standards” mean the Board-approved professional standards for administering, performing and reporting on peer reviews.
“Peer reviewer/reviewing Firm” means a certified public accounting firm responsible for conducting the peer review, holding a valid and active license to practice public accounting in good standing by Delaware or some other state, and meets the peer reviewer qualifications to perform peer reviews established in the Board-approved peer review standards.
“Sponsoring organization” means a Board-approved professional society, or other organization responsible for the facilitation and administration of peer reviews through use of its peer review program and peer review standards.
10.12.2 Enrollment in an approved peer review program, including peer review programs or other comparable programs that have been approved by the Board, as a condition for renewal of permit.
10.12.2.1 In furtherance of its duty to protect the public regarding attest and compilation services, the Board requires all firms offering or rendering such services to be enrolled in a Board-approved peer review program and to comply with the applicable standards and guidance of that program.
10.12.2.2 A firm is not required to enroll in a Board-approved peer review program if its only level of service is performing preparation of financial statements (with or without disclaimer reports) under Statements on Standards for Accounting and Review Services. However, if the firm elects to enroll in a Board-approved peer review program, it is required to have a peer review which would include preparation of financial statements within the scope of the review.
10.12.2.3 On and after July 1, 2017, each applicant for renewal of a permit to practice under 24 Del.C. §108 or 24 Del.C. §110 in the case of a permit holder who issues compilation reports to the public other than through a CPA or PA firm, and each applicant for renewal of a firm permit to practice under 24 Del.C. §111 shall furnish in connection with their renewal, evidence of enrollment in a Board approved peer review program. Such evidence shall be at the Board’s discretion and may consist of a check box on the renewal form. Further proof of enrollment shall be at the Board’s discretion.
10.12.2.4 A firm enrolled in a Board-approved peer review program shall schedule, undergo and complete its initial peer review in compliance with the sponsoring organization’s peer review standards and related guidance. Ordinarily, a firm’s initial peer review is due 18 months from the date it enrolled or should have enrolled in a Board-approved peer review program.
10.12.2.5 A firm enrolled in a Board-approved peer review program shall schedule, undergo and complete its subsequent peer reviews in compliance with the sponsoring organizations peer review standards and related guidance. Subsequent peer reviews shall be completed such that the peer review has taken place and all peer review materials are submitted to the sponsoring organization within 3 years and 6 months from the peer review year end of the previous peer review.
10.12.2.6 The Board may accept extensions for completing peer reviews granted by sponsoring organizations provided the Board is notified by the firm within 14 days from the date of the letter from the sponsoring organization granting the extension. Extensions may be granted for the following reasons:
10.12.6.6.1 Health;
10.12.6.6.2 Military service; or
10.12.6.6.3 Other good cause clearly outside of the control of the firm. For good cause shown, the Board may grant or renew applications for a reasonable period of time pending completion of the firm’s peer review.
10.12.3 Approved Peer Review Sponsoring Organizations, Programs and Peer Review Standards
10.12.3.1 The Board shall approve peer review sponsoring organizations, programs, and standards.
10.12.3.2 The Board adopts the AICPA as an approved sponsoring organization and its peer review program and the Pennsylvania Institute of CPAs or its successor and other peer review programs administered by entities fully involved in the administration of the AICPA Peer Review Program. These organizations are not required to submit an application for approval to the Board.
10.12.3.3 The Board may terminate its approval of a sponsoring organization for cause following notice and opportunity for hearing. For purposes of this paragraph, “cause” includes failure to maintain an ongoing compliance with the requirements of this chapter.
10.12.3.4 The Board may approve other peer review sponsoring organizations and programs. For an organization, not specifically identified in this regulation as Board-approved, to receive Board approval for its peer review program and standards, the organization must submit evidence to the satisfaction of the Board. At a minimum, the evidence shall include the standards, procedures, guidelines, oversight process, training materials and related documents used to administer, perform and accept peer reviews. The Board has the authority to request any other documents/information from an organization about its peer review program in determining whether to grant approval.
10.12.3.5 For firms required to be registered with and inspected by the Public Company Accounting Oversight Board (“PCAOB”), the Board accepts the PCAOB’s inspection process for reviewing practices subject to its authority, which are not included in the scope of peer review programs. Firms receiving inspections under the PCAOB are also required to meet the peer review requirements under a Board-approved peer review program that covers the portion of the firm’s practice not subject to the PCAOB permanent inspection.
10.12.4 Peer Review Oversight Committee
10.12.4.1 A Peer Review Oversight Committee (“PROC”) may be appointed by the Board to monitor the Board-approved peer review program, including sponsoring organizations, to provide reasonable assurance that peer reviews are being conducted and reported on in accordance with peer review standards. The PROC shall report to the Board on the conclusions and recommendations reached as a result of its monitoring, including the continued approval of sponsoring organizations.
10.12.4.2 PROC members shall:
10.12.4.2.1 Not include individuals who are members of the Board or perform any enforcement related work for regulatory or governmental bodies, professional organizations, including an AICPA ethics committee, AICPA joint trial board for state professional ethics committee, or similar groups or subgroups.
10.12.4.2.2 Be subject to removal or replacement by the Board at its discretion.
10.12.4.2.3 Be required to sign a confidentiality agreement indicating they will not divulge any information to the Board that would identify any firm, licensee, or peer reviewer/reviewing firm as a result of their monitoring of the peer review process.
10.12.4.2.4 Perform procedures which may consist of but are not limited to the following activities:
10.12.4.2.4.1 Visiting the sponsoring organizations of the approved peer review program;
10.12.4.2.4.2 Reviewing sponsoring organization procedures for administering the program;
10.12.4.2.4.3 Meeting with a sponsoring organization’s report acceptance body during consideration of the peer review documents;
10.12.4.2.4.4 Reviewing the sponsoring organization’s compliance with its program.
10.12.4.3 Conduct oversight of approved peer review programs to provide reasonable assurance that such programs comply with the minimum standards for performing and reporting on peer reviews. The PROC shall make recommendations to the Board regarding continued approval of peer review programs.
10.12.4.4 The Board shall establish procedures and take all action necessary to ensure that the above materials remain privileged as to any third parties.
10.12.5 Submission of peer review documents
10.12.5.1 A firm is required to submit a copy of the results of its most recently accepted peer review to the Board, which includes the following documents:
10.12.5.1.1 Peer review report which has been accepted by the sponsoring organization.
10.12.5.1.2 The firm’s letter of response accepted by the sponsoring organization, if applicable.
10.12.5.1.3 The acceptance letter from the sponsoring organization
10.12.5.1.4 Any letters accepting the documents signed by the firm with the understanding that the firm agrees to take any actions required by the sponsoring organization, if applicable; and
10.12.5.1.5 Letter signed by the sponsoring organization notifying the firm that required actions have been appropriately completed, if applicable.
10.12.5.2 Firms whose peer reviews are scheduled on or after July 1, 2017 are required to submit a copy of the peer review documents in subsections 10.12.5.1.1 through 10.12.59.1.3 to the Board within 30 days of the sponsoring organization’s acceptance. The firm shall submit the documents in subsection 10.12.5.1.4 to the Board within 30 days from the date the letter is signed by the firm. The firm shall submit the documents in subsection 10.12.5.1.5 to the Board within 30 days of the date of the letter. Firms must satisfy this document submission requirement by allowing the sponsoring organization to provide the Board access to the documents via a secure website such as the AICPA Facilitated State Board Access.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-11.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
11.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of the Division of Professional Regulation or their designate of the report. If the Director of the Division of Professional Regulation receives the report, they shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
11.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform them in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give them the opportunity to enter the Voluntary Treatment Option.
11.3 In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate.
11.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or their designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of the Division of Professional Regulation or their designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of the Division of Professional Regulation and the chairperson of the participating Board.
11.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or their designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 15.8 of this regulation.
11.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
11.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
11.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or their designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or their designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
11.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
11.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
11.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or their designate or designates or to the Director of the Division of Professional Regulation or their designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
11.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
11.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
11.8 The participating Board's chairperson, their designate or designates or the Director of the Division of Professional Regulation or their designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
11.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
11.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
11.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have their confidentiality protected if the matter is handled in a nondisciplinary matter.
11.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have their confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
24 Del. Admin. Code § 100-12.0 Crimes Substantially Related to the Practice of Accountancy:
12.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of accountancy in the State of Delaware without regard to the place of conviction:
12.1.1 Aggravated menacing. 11 Del.C. §602(b).
12.1.2 Reckless endangering in the first degree. 11 Del.C. §604.
12.1.3 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
12.1.4 Abuse of a pregnant female in the first degree. 111 Del.C. §606.
12.1.5 Assault in the second degree. 11 Del.C. §612.
12.1.6 Assault in the first degree. 11 Del.C. §613.
12.1.7 Assault by abuse or neglect. 11 Del.C. §615.
12.1.8 Gang participation. 11 Del.C. §616.
12.1.9 Terroristic threatening; felony. 11 Del.C. §621(a) and (b).
12.1.10 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
12.1.11 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
12.1.12 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
12.1.13 Murder in the second degree. 11 Del.C. §635.
12.1.14 Murder in the first degree. 11 Del.C. §636.
12.1.15 Promoting suicide. 11 Del.C. §645.
12.1.16 Unlawful sexual contact in the second degree. 11 Del.C. §768.
12.1.17 Unlawful sexual contact in the first degree. 11 Del.C. §769.
12.1.18 Rape in the fourth degree. 11 Del.C. §770.
12.1.19 Rape in the third degree. 11 Del.C. §771.
12.1.20 Rape in the second degree. 11 Del.C. §772.
12.1.21 Rape in the first degree. 11 Del.C. §773.
12.1.22 Sexual extortion. 11 Del.C. §776.
12.1.23 Continuous sexual abuse of a child. 11 Del.C. §778.
12.1.24 Dangerous crime against a child. 11 Del.C. §779
12.1.25 Unlawful imprisonment in the first degree. 11 Del.C. §782.
12.1.26 Kidnapping in the second degree. 11 Del.C. §983.
12.1.27 Kidnapping in the first degree. 11 Del.C. §783A.
12.1.28 Arson in the second degree. 11 Del.C. §802.
12.1.29 Arson in the first degree. 11 Del.C. §803.
12.1.30 Burglary in the third degree. 11 Del.C. §824.
12.1.31 Burglary in the second degree. 11 Del.C. §825.
12.1.32 Burglary in the first degree. 11 Del.C. §826.
12.1.33 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828.
12.1.34 Robbery in the second degree. 11 Del.C. §831.
12.1.35 Robbery in the first degree. 11 Del.C. §832.
12.1.36 Carjacking in the second degree. 11 Del.C. §835.
12.1.37 Carjacking in the first degree. 11 Del.C. §836.
12.1.38 Shoplifting; felony. 11 Del.C. §840.
12.1.39 Use of illegitimate retail sales receipt or Universal Product Code Label; felony. 11 Del.C. §840A.
12.1.40 Theft. 11 Del.C. §841.
12.1.41 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842.
12.1.42 Theft; false pretense. 11 Del.C. §843.
12.1.43 Theft; false promise. 11 Del.C. §844.
12.1.44 Theft of services. 11 Del.C. §845.
12.1.45 Extortion. 11 Del.C. §846.
12.1.46 Misapplication of property; felony. 11 Del.C. §848.
12.1.47 Receiving stolen property. 11 Del.C. §851.
12.1.48 Identity theft. 11 Del.C. §854.
12.1.49 Forgery. 11 Del.C. §861.
12.1.50 Possession of forgery devices. 11 Del.C. §862.
12.1.51 Falsifying business records. 11 Del.C. §871.
12.1.52 Tampering with public records in the second degree. 11 Del.C. §873.
12.1.53 Tampering with public records in the first degree. 11 Del.C. §876.
12.1.54 Offering a false instrument for filing. 11 Del.C. §877.
12.1.55 Issuing a false certificate. 11 Del.C. §878.
12.1.56 Defrauding secured creditors. 11 Del.C. §891.
12.1.57 Fraud in insolvency. 11 Del.C. §892.
12.1.58 Interference with levied-upon property. 11 Del.C. §893.
12.1.59 Issuing a bad check; felony. 11 Del.C. §900.
12.1.60 Unlawful use of credit card; felony. 11 Del.C. §903.
12.1.61 Reencoder and scanning devices. 11 Del.C. §903A.
12.1.62 Deceptive business practices. 11 Del.C. §906.
12.1.63 Criminal impersonation. 11 Del.C. §907.
12.1.64 Criminal impersonation, accident related. 11 Del.C. §907A.
12.1.65 Criminal impersonation of a police officer. 11 Del.C. §907B.
12.1.66 Unlawfully concealing a will. 11 Del.C. §908.
12.1.67 Securing execution of documents by deception. 11 Del.C. §909.
12.1.68 Debt adjusting. 11 Del.C. §910.
12.1.69 Fraudulent conveyance of public lands. 11 Del.C. §911.
12.1.70 Fraudulent receipt of public lands. 11 Del.C. §912.
12.1.71 Insurance fraud. 11 Del.C. §913.
12.1.72 Health care fraud. 11 Del.C. §913A.
12.1.73 Home improvement fraud. 11 Del.C. §916.
12.1.74 New home construction fraud. 11 Del.C. §917.
12.1.75 Unauthorized access. 11 Del.C. §932.
12.1.76 Theft of computer services. 11 Del.C. §933.
12.1.77 Interruption of computer services. 11 Del.C. §934.
12.1.78 Misuse of computer system information. 11 Del.C. §935.
12.1.79 Destruction of computer equipment. 11 Del.C. §936.
12.1.80 Unrequested or unauthorized electronic mail or use of network or software to cause same. 11 Del.C. §937.
12.1.81 Failure to promptly cease electronic communication upon request. 11 Del.C. §938.
12.1.82 Dealing in children. 11 Del.C. §1100.
12.1.83 Sexual exploitation of a child. 11 Del.C. §1108.
12.1.84 Unlawfully dealing in child pornography. 11 Del.C. §1109.
12.1.85 Possession of child pornography. 11 Del.C. §1111.
12.1.86 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
12.1.87 Sexual solicitation of a child. 11 Del.C. §1112A.
12.1.88 Criminal non-support and aggravated criminal non-support. 11 Del.C. §1113.
12.1.89 Bribery; felony. 11 Del.C. §1201.
12.1.90 Receiving a bribe; felony. 11 Del.C. §1203.
12.1.91 Giving unlawful gratuities. 11 Del.C. §1205.
12.1.92 Receiving unlawful gratuities. 11 Del.C. §1206.
12.1.93 Improper influence. 11 Del.C. §1207.
12.1.94 Official misconduct. 11 Del.C. §1211.
12.1.95 Profiteering. 11 Del.C. §1212.
12.1.96 Perjury in the second degree. 11 Del.C. §1222.
12.1.97 Perjury in the first degree. 11 Del.C. §1223.
12.1.98 Making a false written statement. 11 Del.C. §1233.
12.1.99 Terroristic threatening of public officials or public servants; felony. 11 Del.C. §1240.
12.1.100 Hindering prosecution; felony. 11 Del.C. §1244.
12.1.101 Falsely reporting an incident; felony. 11 Del.C. §1245.
12.1.102 Promoting prison contraband; felony. 11 Del.C. §1256.
12.1.103 Bribing a witness. 11 Del.C. §1261.
12.1.104 Bribe receiving by a witness. 11 Del.C. §1262.
12.1.105 Tampering with a witness. 11 Del.C. §1263.
12.1.106 Interfering with child witness. 11 Del.C. §1263A.
12.1.107 Bribing a juror. 11 Del.C. §1264.
12.1.108 Bribe receiving by a juror. 11 Del.C. §1265.
12.1.109 Tampering with a juror. 11 Del.C. §1266.
12.1.110 Misconduct by a juror. 11 Del.C. §1267.
12.1.111 Tampering with physical evidence. 11 Del.C. §1269.
12.1.112 Unlawful grand jury disclosure. 11 Del.C. §1273.
12.1.113 Hate crimes; felony. 11 Del.C. §1304.
12.1.114 Stalking; felony. 11 Del.C. §1312A.
12.1.115 Violation of privacy; felony. 11 Del.C. §1335.
12.1.116 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
12.1.117 Adulteration. 11 Del.C. §1339.
12.1.118 Possessing a destructive weapon. 11 Del.C. §1144.
12.1.119 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445.
12.1.120 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
12.1.121 Possession of a firearm during commission of a felony. 111 Del.C. §1447A.
12.1.122 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
12.1.123 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
12.1.124 Organized Crime and Racketeering. 11 Del.C. §1504.
12.1.125 Victim or Witness Intimidation 11 Del.C. §3522 and 3533.
12.1.126 Financial exploitation of residents or patients; felony. 16 Del.C. §1136(b).
12.1.127 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
12.1.128 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).
12.1.129 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
12.1.130 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
12.1.131 Distribution to persons under 21 years of age. 16 Del.C. §4761.
12.1.132 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property. 16 Del.C. §4767.
12.1.133 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor].
12.1.134 Attempt to evade or defeat tax. 30 Del.C. §571.
12.1.135 Failure to collect or pay over tax. 30 Del.C. §572.
12.1.136 Failure to file return, supply information or pay tax. 30 Del.C. §573.
12.1.137 Fraud and false statements. 30 Del.C. §574.
12.1.138 Misdemeanors [tax related]. 30 Del.C. §576.
12.1.139 Obtaining benefit under false representation; felony. 31 Del.C. §1003.
12.1.140 Reports, statements and documents; felony. 31 Del.C. §1004.
12.1.141 Kickback schemes and solicitations. 31 Del.C. §1005.
12.1.142 Conversion of payment. 31 Del.C. §1006.
12.1.143 Violations of the Securities Act. 6 Del.C. §7322.
12.1.144 Attempt to Intimidate. 11 Del.C. §3534.
12.1.145 Alteration, Theft or Destruction of Will. 12 Del.C. §210.
12.1.146 Financial exploitation of infirm adult; felony. 31 Del.C. §3913.
12.2 Crimes substantially related to the practice of accountancy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this regulation.
History
- 14 DE Reg. 55 (07/01/10)
- 27 DE Reg. 978 (06/01/24)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 14 DE Reg. 55 (07/01/10)
- 20 DE Reg. 820 (04/01/17)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 7 DE Reg. 494 (10/01/03)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 24 DE Reg. 490 (11/01/20)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 68 (07/01/15)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 320 (10/01/14)
- 20 DE Reg. 820 (04/01/17)
- 27 DE Reg. 978 (06/01/24)
- 5 DE Reg. 2090 (05/01/02)
- 7 DE Reg. 494 (10/01/03)
- 8 DE Reg. 1269 (03/01/05)
- 8 DE Reg. 1583 (05/01/05)
- 9 DE Reg. 1983 (06/01/06)
- 14 DE Reg. 55 (07/01/10)
- 18 DE Reg. 155 (08/01/14)
- 18 DE Reg. 320 (10/01/14)
- 19 DE Reg. 68 (07/01/15)
- 19 DE Reg. 658 (01/01/16)
- 20 DE Reg. 820 (04/01/17)
- 21 DE Reg. 53 (07/01/17)
- 24 DE Reg. 490 (11/01/20)
- 25 DE Reg. 871 (03/01/22)
- 27 DE Reg. 978 (06/01/24)
200 Board of Landscape Architecture
24 Del. Admin. Code § 200-1.0 Filing of Applications for Licensure
1.1 Prior to seeking licensure, applicants must have passed all sections of the national examination administered by the Council of Landscape Architectural Registration Board “CLARB”.
1.2 Applicants seeking licensure pursuant to 24 Del.C. §206(a)(1) shall have graduated from a school or college of landscape architecture approved or accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects.
1.3 For purposes of 24 Del.C. §206(a)(2), courses in landscape architecture shall have been taken at a school or college of landscape architecture approved or accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects.
1.4 Upon successfully passing all required sections of the national exam as administered by CLARB, applicants will then submit a completed application to the Division of Professional Regulation.
1.5 The Board shall not consider an application for licensure until all items described in sections 1.1, 1.2, 1.3, 1.4, and 4.0 of the rules have been submitted to the Board’s office.
1.6 The Board reserves the right to retain as a permanent part of the application any or all documents submitted.
1.7 The examination shall be the Council of Landscape Architectural Registration Board’s (“CLARB”) current national examination. CLARB establishes a passing score for each section of the national examination.
Statutory Authority: 24 Del.C. §§206, 207
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-2.0 Filing of Applications for Reciprocity
2.1 Persons seeking licensure pursuant to 24 Del.C. §208, shall submit payment of the fee established by the Division and an application on a form prescribed by the Board which shall include proof of licensure and good standing in each state or territory of current licensure, and on what basis the license was obtained therein, including the date licensure was granted. Letters of good standing must also be provided for each state or jurisdiction in which the applicant was ever previously licensed.
2.2 The Board shall not consider an application for licensure by reciprocity until all items described in 24 Del.C. §208 and paragraph 2.1 of this Rule have been submitted to the Board’s office.
2.3 A passing exam score for purposes of reciprocity shall be the passing score set by CLARB, or the passing score accepted by the Delaware Board, for the year in which the exam was taken.
Statutory Authority: 24 Del.C. §208.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-3.0 Filing of Applications for Certificate of Authorization
A business entity desiring a certificate of authorization pursuant to 24 Del.C. §212 shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names and addresses of officers, partners, members, managers or principals of the business entity and also of the individual(s) duly licensed to practice landscaped architecture in this State who shall be in responsible of the landscape architecture in compliance with 24 Del.C. §212(b)(1), and any other information required by the Board, accompanied by the appropriate fee. A certificate of authorization shall be renewed biennially in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of an on-line renewal application on the Division's website. In the event there should be a change in the information provided in the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within 30 days of the effective date of such change.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-4.0 Issuance of Licenses; proof of professional experience.
4.1 An applicant who has taken and passed the national examination, as administered by CLARB, must still demonstrate that he or she has met the professional experience requirements set forth in 24 Del.C. §206 and 24 Del.C. §210 before a license will be issued.
4.1.1 An applicant who does not have a degree but has 2 years of acceptable courses in landscape architecture taken from a school or college of landscape architecture approved or accredited by the American Society of Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects in accordance with 24 Del.C. §206(2). Must also demonstrate at least 4 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.
4.1.2 An applicant with a degree from a school or college of landscape architecture accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects must demonstrate at least 2 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.
4.2 Only 1 license shall be issued to a licensed landscape architect, except for a duplicate issued to replace a lost or destroyed license.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-5.0 Seal
5.1 Technical Requirements
5.1.1 For the purpose of signing and sealing drawings, specifications, contract documents, plans, reports and other documents (hereinafter collectively referred to as “drawings”), each landscape architect shall have an individual seal of design and size as approved by the Board to be used as hereinafter directed on documents prepared by the landscape architect or under direct supervision for use in the State of Delaware.
5.1.2 The application of the seal impression or rubber stamp to the first sheet of the bound sheets of the drawings with index of drawings included, title page of specifications, and other drawings and contract documents shall constitute the licensed landscape architect’s stamp.
5.1.3 The seal to be used by a licensee of the Board shall be consistent with the image in this subsection. It shall be of the embossing type or a rubber stamp and have 2 concentric circles. The outside circle measures across the center 1 13/16 inches. The inner circle shall contain only the words “NO.” and “State of Delaware.” At the bottom the words “Registered Landscape Architect” reading counterclockwise, and at the top the name of the licensee.
5.1.4 An impression of the seal is to be submitted to the Board to be included in the licensee’s records.
5.2 Use of the Seal
5.2.1 Landscape architects shall not sign or seal drawings unless they were prepared by them or under their direct supervision.
5.2.2 “Supervision” for purposes of signing or sealing drawings shall mean direct supervision, involving responsible control over and detailed professional knowledge of the contents of the drawings throughout their preparation. Reviewing, or reviewing and correcting, drawings after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over, nor detailed professional knowledge of, the content of such drawings throughout their preparation.
5.2.3 The seal appearing on any drawings shall be prima facie evidence that said drawings were prepared by or under the direct supervision of the individual who signed or sealed the drawings. Signing or sealing of drawings prepared by another shall be a representation by the registered landscape architect that the landscape architect has detailed professional knowledge of and vouches for the contents of the drawings.
Statutory Authority: 24 Del.C. §205(a)(1); 212(a).
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-6.0 Renewal of Licenses
6.1 Each application for license renewal or request for inactive status shall be submitted on or before the expiration date of the current licensing period. However, a practitioner may still renew his or her license within 60 days following the license expiration date upon payment of a late fee set by the Division. Sixty days following the license expiration date an unrenewed license shall be deemed terminated and the practitioner must reapply pursuant to the terms of 24 Del.C. §210(b).
6.2 It shall be the responsibility of all licensees to keep the Board and the Division informed of any change in name, home or business address.
Statutory Authority: 24 Del.C. §210.
6.3 Renewal may be effected by:
6.3.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. License renewal is accomplished online at www.dpr.delaware.gov;
6.3.2 providing other information as may be required by the Board to ascertain the licensee’s good standing;
6.3.3 attesting on the renewal application to the completing of continuing education as required by Rule 6.0.
6.3.4 payment of fees as determined by the Division of Professional Regulation.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-7.0 Continuing Education as a Condition of Biennial Renewal
7.1 General Statement: Each licensee shall be required to meet the continuing education requirements of these guidelines for professional development as a condition for license renewal. Continuing education obtained by a licensee should maintain, improve or expand skills and knowledge obtained prior to initial licensure, or develop new and relevant skills and knowledge.
7.1.1 In order for a licensee to qualify for license renewal as a landscape architect in Delaware, the licensee must have completed 20 continuing education units (CEUs) acceptable to the Board within the previous two years, or be granted an extension by the Board for reasons of hardship. Such continuing education shall be obtained by active participation in courses, seminars, sessions, programs or self-directed activities approved by the Board.
7.1.1.1 For purposes of seminar or classroom continuing education, one CEU shall be no less than 50 minutes of instruction.
7.1.2 All courses, seminars, sessions and programs are acceptable for continuing education credit if sponsored by organizations listed in Rule 7.1.3. Courses that are not offered or sponsored by those organizations require Board approval. Licensees should request Board approval in advance of attendance. Requests for approval may be submitted afterward, but there is no guarantee of approval. These CEUs must be documented by a course agenda, syllabus, or other brief documentation that would allow the Board to assess the appropriateness of the course content. Licensees and/or sponsoring organizations may request course approval. All self-directed activities for continuing education credit allowed by rule 7.1.4 must also be approved by the Board.
7.1.2.1 Each course, seminar, session, program, or self-directed activity to be recommended for approval by the Board shall have a direct relationship to the practice of landscape architecture as defined in the Delaware Code and contain elements which will assist licensees to provide for the health, safety and welfare of the citizens of Delaware served by Delaware licensed landscape architects.
7.1.3 Continuing Education courses offered or sponsored by the following organizations will be deemed to qualify for continuing education:
7.1.3.1 LA CESTM - Landscape Architecture Continuing Education SystemTM
7.1.3.2 American Society of Landscape Architects (National and local/chapter levels)
7.1.3.3 Council of Landscape Architectural Registration Boards
7.1.3.4 American Planning Association
7.1.3.5 American Institute of Certified Planners
7.1.3.6 Delaware Department of Natural Resources (DNREC) Division of Soil and Water Conservation, seminars or educational programs dealing with sediment erosion and control
7.1.4 Self-directed Activities: The Board will have the authority to allow self-directed activities to fulfill the continuing education requirements of the licensees. However, these activities must result in a book draft, published article, delivered paper, workshop, symposium, or public address within the 2 year reporting period. Self-directed activities must advance the practitioner’s knowledge of the field and be beyond the practitioner’s normal work duties, and may include time spent researching, collecting data, preparing, and producing any such book draft, published article, delivered paper, workshop, symposium or public address. Instructors will not be granted CE credit for studies customarily associated with their usual university or college instruction teaching loads.
7.1.4.1 The Board may, upon request, review and approve credit for self-directed activities in a given biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee. Determination of credit will be made by the Board upon review of the completed final project.
7.2 Each licensed landscape architect shall complete, biennially, 20 units of continuing education as a condition of license renewal.
7.3 The continuing education period will be from February 1 to January 31 of each biennial licensing period.
7.4 Documentation: Each licensee must retain copies of all supporting materials documenting proof of continuing education compliance for submission to the Board upon request. Supporting materials include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board reserves its right to request additional information and/or documentation to verify continuing education compliance.
7.5 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirement of Rule 7.0.
7.5.1 Attestation shall be completed electronically.
7.5.2 Licensees selected for random post renewal audit will be required to supplement the attestation with attendance verification pursuant to Rule 7.9.
7.6 Hardship: The Board will consider any reasonable special request from individual licensees for continuing education units and procedures. The Board may, in individual cases involving physical disability, illness, or extenuating circumstances, grant an extension, not to exceed 2 years, of time within which continuing education requirements must be completed. In cases of physical disability or illness, the Board reserves the right to require a letter from a physician attesting to the licensee’s physical condition. No extension of time shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license.
7.7 Exemptions: New licensees by way of uniform national examination or by way of reciprocity shall be exempt from the continuing education requirements set forth herein for their first renewal period. Statutory Authority: 24 Del.C. §205(12).
7.8 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage, determined by the Board, of the licensees to be audited. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
7.9 Documentation and Audit by the Board. When a licensee’s name or number appears on the audit list, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU’s claimed by the licensee. Licensees selected for audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board reserves the right to request additional information and/or documentation to verify continuing education compliance.
7.9.1 The Board shall attempt to verify the CEUs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's CEU’s meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal.
7.10 Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified, and in the event that the board disallows certain CEUs, the licensee shall have four months after the date of the Board’s notice that the hours have been disallowed to complete the balance of acceptable CEUs required.
7.11 Non-compliance – Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional 12 months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEU’s. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board.
7.12 Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board’s final order pursuant to the Administrative Procedures Act.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-8.0 Inactive Status
8.1 Licensee may, upon written request to the Board, place their license on inactive status for a maximum of 10 years.
8.2 A licensee who has been granted inactive status and who wishes to re-enter the practice of landscape architecture, shall submit a written request to the Board along with a pro-rated renewal fee and proof of completion of 20 hours of continuing education for each biannual period of inactive status.
Statutory Authority: 24 Del.C. §210(c).
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-9.0 Disciplinary Proceedings and Hearings
9.1 Disciplinary proceedings against any licensee may be initiated by an aggrieved person by submitting a complaint in writing to the Director of the Division of Professional Regulation as specified in 29 Del.C. §8807(h)(1)-(3).
9.1.1 A copy of the written complaint shall be forwarded to the administrative assistant for the Board. At the next regularly scheduled Board meeting, a contact person for the Board shall be appointed and a copy of the written complaint given to that person.
9.1.2 The contact person appointed by the Board shall maintain strict confidentiality with respect to the contents of the complaint and shall not discuss the matter with other Board members or with the public. The contact person shall maintain contact with the investigator or deputy attorney general assigned to the case regarding the progress of the investigation.
9.1.3 In the instance when the case is being closed by the Division, the contact person shall report the facts and conclusions to the Board without revealing the identities of the parties involved. No vote of the Board is necessary to close the case.
9.1.4 If a hearing before the Board has been requested by the Deputy Attorney General, a copy of these Rules and Regulations shall be provided to the respondent upon request. The notice of hearing shall fully comply with 29 Del.C. §§10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
9.1.5 At any disciplinary hearing, the respondent shall have the right to appear in person or be represented by counsel, or both. The Respondent shall have the right to produce evidence and witnesses on his or her behalf and to cross examine witnesses. The Respondent shall be entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of documents on his or her behalf.
9.1.6 No less than 10 days prior to the date set for a disciplinary hearing, the Department of Justice and the respondent shall submit to the Board and to each other, a list of the witnesses they intend to call at the hearing. Witnesses not listed shall be permitted to testify only upon a showing of reasonable cause for such omission.
9.1.7 If the respondent fails to appear at a disciplinary hearing after receiving the notice required by 29 Del.C. §10122 and 10131, the Board may proceed to hear and determine the validity of the charges against the respondent.
Statutory authority: 24 Del.C. §§213 and 215; 29 Del.C. §§10111, 10122 and 10131
9.2 Hearing procedures
9.2.1 The Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. All testimony at any hearing shall be under oath.
9.2.2 Strict rules of evidence shall not apply. All evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs shall be admitted.
9.2.3 An attorney representing a party in a hearing or matter before the Board shall notify the Board of the representation in writing as soon as practicable.
9.2.4 Requests for postponements of any matter scheduled before the Board shall be submitted to the Board’s office in writing no less than 3 days before the date scheduled for the hearing. Absent a showing of exceptional hardship, there shall be a maximum of one postponement allowed to each party to any hearing.
9.2.5 A complaint shall be deemed to “have merit” and the Board may impose disciplinary sanctions against the licensee if a majority of the members of the Board find, by a preponderance of the evidence, that the respondent has committed the act(s) of which he or she is accused and that those act(s) constitute grounds for discipline pursuant to 24 Del.C. §213.
Statutory authority: 24 Del.C. §§205(7)(8); 213, 214, 215.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-10.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
10.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
10.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
10.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
10.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
10.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in section 10.8.
10.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
10.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
10.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
10.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
10.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
10.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
10.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
10.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
10.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
10.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
10.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
10.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
10.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
24 Del. Admin. Code § 200-11.0 Crimes substantially related to the practice of Landscape architecture
11.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of landscape architecture in the State of Delaware without regard to the place of conviction:
11.1.1 Conspiracy in the first degree. 11 Del.C. §513.
11.1.2 Aggravated Menacing. 11 Del.C. §602(b).
11.1.3 Reckless endangering in the first degree. 11 Del.C. §604.
11.1.4 Abuse of a pregnant female in the second degree. 11 Del. C. §605.
11.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
11.1.6 Assault in the second degree. 11 Del.C. §612.
11.1.7 Assault in the first degree. 11 Del.C. §613.
11.1.8 Terroristic threatening; felony. 11 Del.C. §621.
11.1.9 Vehicular homicide in the first degree. 11 Del.C. §630A.
11.1.10 Manslaughter. 11 Del.C. §632.
11.1.11 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
11.1.12 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
11.1.13 Murder in the second degree. 11 Del.C. §635.
11.1.14 Murder in the first degree. 11 Del.C. §636.
11.1.15 Unlawful sexual contact in the second degree. 11 Del.C. §768.
11.1.16 Unlawful sexual contact in the first degree. 11 Del.C. §769.
11.1.17 Rape in the fourth degree. 11 Del.C. §770.
11.1.18 Rape in the third degree. 11 Del.C. §771.
11.1.19 Rape in the second degree. 11 Del.C. §772.
11.1.20 Rape in the first degree. 11 Del.C. §773.
11.1.21 Sexual extortion. 11 Del.C. §776.
11.1.22 Continuous sexual abuse of a child. 11 Del.C. §778.
11.1.23 Female genital mutilation. 11 Del.C. §780.
11.1.24 Unlawful imprisonment in the first degree. 11 Del.C. §782.
11.1.25 Kidnapping in the second degree. 11 Del.C. §783.
11.1.26 Kidnapping in the first degree. 11 Del.C. §783A.
11.1.27 Arson in the second degree. 11 Del.C. §802.
11.1.28 Arson in the first degree. 11 Del.C. §803.
11.1.29 Burglary in the second degree. 11 Del.C. §825.
11.1.30 Burglary in the first degree. 11 Del.C. §826.
11.1.31 Robbery in the second degree. 11 Del.C. §831.
11.1.32 Robbery in the first degree. 11 Del.C. §832.
11.1.33 Carjacking in the second degree. 11 Del.C. §835.
11.1.34 Carjacking in the first degree. 11 Del.C. §836.
11.1.35 Theft. 11 Del.C. §841.
11.1.36 Theft; false pretenses. 11 Del.C. §843.
11.1.37 Extortion. 11 Del. C. §846.
11.1.38 Identity theft. 11 Del.C. §854.
11.1.39 Forgery. 11 Del.C. §861.
11.1.40 Tampering with public records in the first degree. 11 Del.C. §876.
11.1.41 Issuing a false certificate. 11 Del.C. §878.
11.1.42 Bribery 11 Del.C. §881.
11.1.43 Receiving a bribe 11 Del.C. §882.
11.1.44 Criminal impersonation of a police officer. 11 Del.C. §907B.
11.1.45 Insurance fraud. 11 Del.C. §913.
11.1.46 Dealing in children. 11 Del.C. §1100.
11.1.47 Endangering the welfare of a child. 11 Del.C. §1102.
11.1.48 Sexual exploitation of a child. 11 Del.C. §1108.
11.1.49 Unlawfully dealing in child pornography. 11 Del.C. §1109.
11.1.50 Possession of child pornography. 11 Del.C. §1111.
11.1.51 Felony Bribery. 11 Del.C. §1201.
11.1.52 Felony Receiving a Bribe. 11 Del.C. §1203.
11.1.53 Perjury in the second degree. 11 Del.C. §1222.
11.1.54 Perjury in the first degree. 11 Del.C. §1223.
11.1.55 Terroristic threatening of public officials or public servants. 11 Del. C. §1240.
11.1.56 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.
11.1.57 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
11.1.58 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
11.1.59 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
11.1.60 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
11.1.61 Criminal Penalties, Organized Crime and Racketeering. 11 Del.C. §1504.
11.1.62 Victim or Witness intimidation. 11 Del.C. §§3532 and 3533.
11.1.63 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
11.1.64 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).
11.1.65 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
11.2 Crimes substantially related to the practice of landscape architecture shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 5 DE Reg. 821 (10/01/01)
- 16 DE Reg. 324 (09/01/12)
- 8 DE Reg. 1431 (04/01/05)
- 17 DE Reg. 861 (02/01/14)
- 16 DE Reg. 324 (09/01/12)
- 16 DE Reg. 324 (09/01/12)
- 25 DE Reg. 815 (05/01/25)
- 11 DE Reg. 347 (09/01/07)
- 17 DE Reg. 861 (02/01/14)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 18 DE Reg. 993 (06/01/15)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 25 DE Reg. 815 (05/01/25)
- 16 DE Reg. 324 (09/01/12)
- 5 DE Reg. 446 (08/01/01)
- 8 DE Reg. 1431 (04/01/05)
- 11 DE Reg. 347 (09/01/07)
- 16 DE Reg. 324 (09/01/12)
- 17 DE Reg. 861 (02/01/14)
- 28 DE Reg. 815 (05/01/25)
300 Board of Architects
24 Del. Admin. Code § 300-1.0 Scope: Definitions
Purpose: Regulations of the Delaware Board of Architects are set forth for the purpose of clarifying and implementing 24 Del.C. Ch. 3 which establishes the Board and confers upon it responsibility for registration of architects and the regulation of the practice of architecture.
Invalidity: Any provision found to be invalid shall not affect any other provision and the remaining provisions shall remain in full force and effect.
Terms Defined by Statute: Terms defined in 24 Del.C. Ch. 3 shall have the same meanings when used in these regulations, except where the context clearly indicates a different meaning.
Terms Defined Herein: As used in these regulations, the following terms shall have the following meanings except where the context clearly indicates a different meaning.
“AIA” means the American Institute of Architects
“Administration of Construction Contracts” Shall comprise at least the following services: (i) visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued; (ii) processing shop drawings, samples, and other submittals required of the contractor by the terms of the construction contract documents; and (iii) notifying an owner and the appropriate building official of any code violations, changes that affect code compliance, the use of any materials, assemblies, components, or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions that he or she identifies as constituting a hazard to the public, that he or she observes in the course of performing his or her duties.
“Architect” means any person who is authorized to practice architecture as defined in Title 24, Chapter 3 and who holds a current Certificate of Registration.
“Architect Emeritus” means an honorific title granted to a previously licensed Delaware Architect who has retired from active architecture practice.
“A.R.E” means the current Architect Registration Examination, prepared by NCARB.
“CACB” means the Canadian Architectural Certification Board.
“Continuing Education (CE)” means post-licensure learning that enables a registered architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public’s health, safety, and welfare.
“Continuing Education Hour (CEH)” or “Continuing Education Unit (CEU)” means one continuous instructional hour (50 to 60 minutes of contact) spent in Structured Educational Activities intended to increase or update the architect’s knowledge and competence in Health, Safety, and Welfare Subjects. If the provider of the Structured Educational Activities prescribes a customary time for completion of such an Activity, then such prescribed time shall, unless the Board finds the prescribed time to be unreasonable, be accepted as the architect’s time for Continuing Education Hour purposes irrespective of actual time spent on the activity.
“Direct Supervision” means that degree of supervision by a person overseeing the work of another, whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person's supervision. Direct supervision shall mean that the supervisor and the individual being supervised perform their work in the same office where personal contact is routine.
“Division” means the Division of Professional Regulation, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, Delaware 19904.
“EESA” means the Educational Evaluation Services for Architects. A provider of architectural education evaluation services administered by NAAB.
“Examination” means the current Architect Registration Examination (A.R.E.), of NCARB.
“Health, Safety, and Welfare Subjects” means technical and professional subjects that the Board deems appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the building environment.
BUILDING SYSTEMS: Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire Protection
CONSTRUCTION CONTRACT ADMINISTRATION: Contracts, Bidding, Contract Negotiations
CONSTRUCTION DOCUMENTS: Drawings, Specifications, Delivery Methods
DESIGN: Urban Planning, Master Planning, Building Design, Site Design, Interiors, Safety and Security Measures
ENVIRONMENTAL: Energy Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous Materials, Weatherproofing, Insulation
LEGAL: Laws, Codes, Zoning, Regulations, Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and Public
MATERIALS and METHODS: Construction Systems, Products, Finishes, Furnishings, Equipment
PRE-DESIGN: Land Use Analysis, Programming, Site Selection, Site and Soils Analysis, Surveying
PRESERVATION: Historic, Reuse, Adaptation
“Intern” means any individual in the process of satisfying the Board's training requirements. This includes graduates from recognized architectural programs, architectural students who acquire acceptable training prior to graduation and other qualified individuals identified by the Board.
“Other Official” means a vice president, treasurer, secretary or board officer, but shall not mean a subcommittee chairperson, subcommittee member or general member.
“Principal” means an individual who is a registered architect and in charge of an organization's architectural practice, either alone or with other registered architects.
“Responsible Control” means that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architect applying the required professional standard of care, including but not limited to an architect’s integration of information from manufacturers, suppliers, installers, the architect’s consultants, owners, contractors, or other sources the architect reasonable trusts that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction, of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation.
“Safety” as it pertains to the practice of architecture means design characteristics of a building or its surrounding site relating to, but not limited to, compliance with occupancy classification requirements; compliance with construction classification requirements; means of egress; fire-rated construction assemblies; compliance with interior finish requirements; fire detection, alarm and suppression systems; and compliance with environmental health regulations and smoke control systems, compliance with the minimum requirements for heating and cooling; natural and artificial illumination; natural and artificial ventilation; physical hygiene; and accessibility from environmental barriers.
“Structured Educational Activities” means educational activities in which at least 75 percent of an activity’s content and instructional time must be devoted to Health, Safety, and Welfare Subjects related to the practice of architecture, including course of study or other activities under the areas identified as Health, Safety and Welfare Subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.
“Technical Submissions” means designs, drawings, specifications, studies and other technical documents prepared in the course of practicing architecture. All technical submissions shall be identified by date and by the name and address of the registered architect or the registered architect’s firm.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-2.0 General Provisions
2.1 NCARB:
2.1.1 The Board shall maintain membership in the National Council of Architectural Registration Boards (NCARB) and pay the necessary costs thereof.
2.1.2 The Board shall keep up-to-date information on the recommended policies adopted from time to time by NCARB.
2.1.3 The Board shall cooperate with NCARB in establishing uniform standards of architectural registration throughout the United States.
2.2 Practice of Architecture:
2.2.1 Only architects shall engage in the practice of architecture as defined in 24 Del.C. Ch. 3. The practice of architecture means the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts.
2.2.2 Services offered in connection with the "utilization of space within" such structures include space planning and programming, and interior design. Services offered in connection with the "space surrounding such structures" include site analysis and site design. These provisions shall not be construed to prevent or affect the practice of landscape architecture by a landscape architect or the practice of engineering by an engineer.
2.2.3 The seal of an architect shall not be required for:
2.2.3.1 activities associated with detached, single and two-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings or
2.2.3.2 farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than ten (10) persons; or
2.2.3.3 alteration, renovation or remodeling of a structure which does not affect structural or other safety features of the structure, regardless of whether local authorities require a building permit for such work and when the work contemplated by the design does not require the issuance of a permit under applicable building codes.
2.2.3.4 Pursuant to 24 Del.C. §303(b)(11) and (12), every person not registered as an architect in Delaware, but meeting the requirements for reciprocal registration defined herein, and intending to offer architectural services in Delaware or participate in an architectural design competition in Delaware shall submit notice of such intent to the Board using the appropriate form appended to these regulations.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-3.0 Application for Registration:
3.1 Submission of Application fee: Every individual seeking registration shall submit an application to the Board, accompanied by the filing fee established above. Such filing fee shall be determined in accordance with statutory criteria.
3.1.1 References from employers listed on an application for registration must be provided to substantiate the minimum experience required in support of education and training standards. It is the applicant's responsibility to see that fees references are submitted to the Board. Such reference information shall be submitted on forms furnished by the Board.
3.1.2 Proof of self-employment must be substantiated with the following:
3.1.2.1 A copy of business license(s) for those duration's claimed as part of the application or a letter from your accountant or local building official substantiating experience, or similar objective proof of self-employment.
3.2 Applicants; General:
3.2.1 Applicants needing additional practical experience reference forms may use photostatic copies.
3.2.2 The Board will take no action to review an application until all references, transcripts and fees are received.
3.2.3 An applicant is not registered until so notified in writing by the Board.
3.2.4 Filing of an application, fees, etc., shall not be construed as completing the registration process; the Board will register applicants at regular Board meetings only.
3.2.5 A license issued by the Division of Professional Regulation certifies that the individual named has met the qualifications of the Board to engage in practice.
3.3 Requirements of All Applicants. Applicants Must:
3.3.1 submit the required fees
3.3.2 answer all questions on the application form completely and legibly.
3.3.3 obtain the notarization of the application in the space provided. Applications shall contain a current affidavit that has been signed and notarized within the twelve (12) months immediately preceding presentation of the application to the Board.
3.4 Applicants for Registration by Examination (A.R.E.):
3.4.1 Must have filed a completed application with the Board, including the NCARB record.
3.4.2 An applicant who holds a NAAB accredited professional degree or is a student actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB-accredited professional degree shall be eligible for admission to examination.
3.5 An applicant re-applying with a lapsed registration shall submit evidence of having completed at least 24 HSW Continuing Education Units for the preceding two (2) year period leading up to the date of application.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-4.0 Registration Standards:
4.1 Registration Standards: To be granted registration an applicant must:
4.1.1 Education – meet the Education Requirements as set forth in the NCARB Education Guidelines. Check NCARB’s website, www.ncarb.org for updates and the most current information regarding the NCARB Education Guideline.
4.1.2 Training – meet the Training Requirements set forth in the NCARB Architectural Experience Program Guidelines (AXP). Check NCARB’s website, www.ncarb.org for updates and the most current information regarding the AXP.
4.1.2.1 Training, as defined above, is a requirement for all applicants for initial registration in the State of Delaware. Applicants holding a current registration in good standing in another United States jurisdiction or Canadian province and documenting five (5) or more years of practicing architecture immediately preceding the date of the application that is acceptable to the Board may obtain a waiver of the AXP requirement. A request for waiver shall be made on a form prescribed by the Board.
4.1.2.2 The AXP, which is administered by NCARB, will be initiated by completing an application for NCARB Council Record and submitting required application fees. This application may be obtained from NCARB, 1801 K Street NW, Suite 1100, Washington, D.C. 20006-1310 or www.ncarb.org. Preparation of all components of the AXP record for references, transcripts, training, etc., will be done in accordance with current NCARB standards. The NCARB Council Record will be accepted as verification of education and training requirements for initial registration.
4.1.3 Examination – have passed the Architect Registration Examination (ARE) in accordance with the NCARB pass/fail standards current at the time the applicant takes the Examination.
4.1.4 Have complied with all regulations of the Board and 24 Del.C. Ch. 3.
4.1.5 Agree with the following conditions of examination:
4.1.5.1 take the ARE at any NCARB-approved test center, whether or not it is located in Delaware.
4.1.5.2 to accept the ARE results as determined by NCARB.
4.1.5.3 if there is any alleged misbehavior on the part of an applicant in connection with taking the examination, the Board will investigate the allegation and take appropriate action. Misbehavior may include, without limitation, violation of NCARB’s guidelines or policies, or an applicant’s confidentiality agreements with respect to the examination.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-5.0 Applications by Reciprocity
5.1 Persons seeking licensure pursuant to 24 Del.C. §309, shall submit payment of the fee established by the Division and an application on a form prescribed by the Board, which shall include proof of licensure and good standing in each state or territory of current licensure. Letters of good standing must also be provided for each state or jurisdiction in which the applicant was ever previously licensed.
5.2 Determination of Substantial Similarity of Licensing Standards - The applicant shall submit a copy of the statute and rules of licensure from the state of current licensure. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the education, training, and examination requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant's licensing state are substantially similar to those of Delaware.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-6.0 Registration
6.1 Duration - Each certificate of registration issued by the Board shall be valid for two years, or the expiration of the current licensing period. The license renewal date is January 31 of even numbered years.
6.2 Continuing Education requirements for renewal.
6.2.1 In addition to all other requirements for registration renewal, an architect must complete a minimum of 24 Continuing Education Units (CEUs) in the two calendar (January 1 – December 31) years preceding the license renewal deadline, including a minimum of eight CEUs in each calendar year, or be exempt from these continuing education requirements as provided below. For an architect’s initial registration period, the continuing education requirements shall be pro-rated at one Continuing Education Unit per month of registration, beginning with the first full month following the month of issuance, through the end of the renewal cycle.
6.2.1.1 Continuing Education Units. All Continuing Education Units must be completed in Health, Safety, and Welfare Subjects acquired in Structured Educational Activities. Continuing Education Units may be acquired at any location.
6.2.1.2 Reporting and Record keeping. An architect shall complete and maintain forms as required by the Board certifying that the architect has completed the required Continuing Education Units. Forms may be audited by the Board for verification of compliance with these requirements. Documentation of reported Continuing Education Units shall be maintained by the architect for six years from the date of award.
6.2.1.3 Exemptions. An architect shall not be subject to these requirements if:
6.2.1.3.1 The architect has been granted emeritus or other similar honorific but inactive status by the Board; or
6.2.1.3.2 The architect otherwise meets all renewal requirements and is called to active military service, has a serious medical condition, or can demonstrate to the Board other like hardship, then upon the Board’s so finding, the architect may be excused from some or all of these requirements.
6.2.2 The following are considered acceptable Continuing Education and do not require pre-approval by the Board:
6.2.2.1 NCARB monograph programs
6.2.2.2 Health, safety, and welfare programs approved by the American Institute of Architects (AIA).
6.2.3 Course providers and licensees may request Board approval of courses at any time by submitting a written request to the Board and including a course outline with the number of classroom hours and the curriculum vitae or resume of the instructor. Course providers and licensees seeking pre-approval should submit the request a sufficient amount of time in advance of the CE course to permit the Board to consider the request at a regularly-scheduled Board meeting. Board approval shall expire 2 years after the approval date. If the course is amended at any time during the 2 years, the sponsor or licensee shall submit a new Application Form.
6.2.3.1 Any licensees who complete courses not yet approved by the Board do so at their own risk, and the Board may not approve the course nor allow it to count toward completion of the biennial requirement of 24 hours of continuing education.
6.3 Audits and Attestation of Compliance
6.3.1 Random audits shall be performed by the Board. All registrants shall maintain documentation of continuing education, which shall include proof of attendance and verification that the education was an NCARB monograph course, a health, safety, and welfare course approved by the AIA, or approved by the Board.
6.3.2 Attestation that the required Continuing Education has been completed in the previous two calendar years shall be submitted to the Division of Professional Regulation prior to the January 31st renewal deadline.
6.4 Hardship Extension: Requests for a hardship extension must be in writing and submitted to the Board prior to December 31st of the second calendar year of reporting period. The Board may, at its discretion, grant an extension of time within which the Continuing Education requirement must be completed. The period of hardship extension granted shall be determined by the Board.
6.5 Late Renewal
6.5.1 A registrant that has failed to renew on or before January 31st renewal date may apply to the Board to renew their registration within four (4) months following the renewal date.
6.5.2 All late renewal applications must be accompanied by:
6.5.2.1 Renewal fee
6.5.2.2 Late renewal fee
6.5.2.3 Documentation of compliance with the continuing education requirement prior to the renewal date.
6.5.3 No continuing education completed during the extension in order to satisfy the requirements of a preceding registration period may be used to satisfy future renewal requirements.
6.6 Not Transferable - A certificate of registration shall not be transferable.
6.7 Revocation, Suspension, Cancellation or Non-renewal of Registration - In the event of revocation, cancellation, suspension or nonrenewal of any registration, the registered architect shall be required immediately to return his/her Certificate of Registration, seal and license to the Board. Civil penalties may be imposed for failure to promptly return the Certificate of Registration, seal and license to the Board. 24 Del.C. §317(d).
6.8 Architect Emeritus
6.8.1 To qualify for an Architect Emeritus license, the applicant shall:
6.8.1.1 currently be registered as a Delaware Architect; and
6.8.1.2 have been registered as a Delaware Architect for at least the immediate preceding ten years; and
6.8.1.3 not be the subject of a pending disciplinary action related to architectural licensure in this or any other state; and
6.8.1.4 have met all of the annual continuing education requirements of this Board prior to the filing of the application for emeritus status; and
6.8.1.5 have filed an Architect Emeritus application on a form prescribed by the Board along with the required fee; and
6.8.1.6 be at least 65 years old on the date of application for Architect Emeritus status.
6.8.2 A Delaware Architect Emeritus shall:
6.8.2.1 not engage in the practice of architecture; and
6.8.2.2 not be required to complete the annual continuing education requirements; and
6.8.2.3 use the title “Architect Emeritus” in lieu of the title “Architect.”
6.8.3 A Delaware Architect Emeritus may re-apply for active status as a registered Delaware Architect provided that the individual has completed 12 Continuing Education Units of the annual continuing education requirement during the calendar year in which the re-application is filed.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-7.0 Rules of Professional Conduct - All architects shall abide by these Rules of Professional Conduct.
7.1 Competence
7.1.1 When practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by architects of good standing, practicing in the same locality.
7.1.2 In designing a project, an architect shall take into account applicable building laws and regulations. While a registered architect may rely on the advice of other professionals (e.g., attorneys, engineers and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulation.
7.1.3 An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.
7.1.4 No individual shall be permitted to engage in the practice of architecture if, in the Board's judgment, such individual's professional competence is substantially impaired by physical or mental disabilities.
7.2 Conflict of Interest
7.2.1 An architect shall not accept compensation for his/her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by (such disclosure and agreement to be in writing) all interested parties.
7.2.2 If an architect has any business association or direct or indirect financial interest which is substantial enough to influence his/her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his/her client or employee the nature of the business association or financial interest. If the client or employee objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.
7.2.3 An architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education.
7.2.4 When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.
7.3 Full Disclosure
7.3.1 An architect, making public statements on architectural questions, shall disclose when he/she is being compensated for making such statement or when he/she has an economic interest in the issue.
7.3.2 An architect shall accurately represent to prospective or existing client or employee his/her responsibility in connection with work for which he/she is claiming credit.
7.3.3 If, in the course of his/her work on a project, an architect becomes aware of a decision taken by his/her employer or client, against such registered architect's advice, which violates applicable state or-municipal building laws and regulations which will, in the registered architect's judgment, materially and adversely affect the safety to the public of the finished project, the architect shall:
7.3.3.1 report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations; and
7.3.3.2 refuse to consent to the decision; and
7.3.3.3 in circumstances where the architect reasonably believes that other such decisions will be taken, notwithstanding his/her objection, terminate his/her services with respect to the project. In the case of a termination in accordance with clause 3, the architect shall have no liability to his/her client or employer on account of such termination.
7.3.4 An architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his/her application for a registration or renewal thereof.
7.3.5 An architect possessing knowledge of a violation of the provisions set forth in 7.0 by another architect shall report such knowledge to the Board.
7.4 Compliance with Laws
7.4.1 An architect shall comply with the registration laws and regulations governing his/her professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect is disciplined in any other United States jurisdiction.
7.4.2 An employer engaged in the practice of architecture shall not have been found by a court or an administrative tribunal to have violated any applicable federal or state law protecting the rights of persons working for the employer with respect to fair labor standards or with respect to maintaining a workplace free of discrimination. For purposes of this rule, any registered architect employed by a firm engaged in the practice of architecture who is in charge of the firm’s architectural practice, either alone or with other architects, shall be deemed to have violated this rule if the firm has violated this rule.
7.5 Professional Conduct
7.5.1 Each office in Delaware offering architectural services shall have an architect resident and regularly employed in that office having direct supervision of such work.
7.5.2 An architect may sign and seal technical submissions only if the technical submissions were: (i) prepared by the architect; (ii) prepared by persons under the architect's responsible control; or (iii) prepared by another architect registered in this State if the signing and sealing architect has reviewed the other architect's work and either has coordinated the preparation of the work or has integrated the work into his or her own technical submissions, or (iv) prepared by another architect registered in any United States jurisdiction and holding the certification issued by NCARB if (a) the signing and sealing architect has reviewed the other architect’s work and has integrated the work into his/her own technical submissions and (b) the other architect’s technical submissions are prototypical building documents. An architect may also sign and seal drawings, specifications, or other work which is not required by law to be prepared by an architect if the architect has reviewed such work and has integrated it into his/her own technical submissions. "Responsible control" shall be that amount of control over and detailed professional knowledge of the content of technical submissions during their preparation as is ordinarily exercised by a registered architects applying the required professional standard of care, including but not limited to an architect’s integration of information from manufacturers, suppliers, installers, the architect’s consultants, owners, contractors, or other sources the architect reasonably trusts that is incidental to and intended to be incorporated into the architect’s technical submissions if the architect has coordinated and reviewed such information. Other review, or review and correction of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any registered architect signing or sealing technical submissions not prepared by that architect but prepared under the architect's responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five (5) years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation. Any registered architect signing or sealing technical submissions integrating the work of another architect into the registered architect’s own work as permitted under clauses (iii) and (iv) above shall maintain and make available to the Board upon request for at least five (5) years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered architect’s review of and integration of the work of such other architect’s work into his/her own technical submissions, and that such review and integration met the required professional standard of care.
7.5.3 An architect shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested.
7.5.4 An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.
7.5.5 An architect shall not make misleading, deceptive, or false statements or claims.
7.6 Design and Use of Architect's Seal
7.6.1 Pursuant to 24 Del.C. §313, and subject to 6.7 and 7.5, each architect shall procure a seal, which shall contain the name of the architect; his/her registration number and the phrase REGISTERED ARCHITECT--STATE OF DELAWARE. This seal shall comply in all respects, including size and format, with the specimen shown below. The architect shall use his/her legal name on the Certificate of Registration, the seal and the license.
7.6.1.1 An electronic seal and signature are permitted to be used in lieu of a stamped impression of the architect’s seal and original signature, 24 Del.C. §313, when the following conditions are met:
7.6.1.1.1 It is a unique identification of the professional;
7.6.1.1.2 It is verifiable;
7.6.1.1.3 It is under the professional’s direct and sole control;
7.6.1.1.4 It is linked to a document in such a manner that the electronic seal and signature are invalidated if any data in the document are changed;
7.6.1.1.5 The graphic image of the electronic seal shall have the same graphic appearance in all respects as 7.6.1 above.
7.6.2 Pursuant to 24 Del.C. §313, all technical submissions which are published and/or are submitted to public authorities for building permits or regulatory approvals shall be sealed by the architect. Each design, each drawing, each set of specifications, all addenda and the cover of all other technical submissions shall be sealed. Other technical submissions include designs and drawings of a preliminary nature which are submitted to any public and/or the reviewing agency. When technical submissions are submitted for any permit, at each place where the seal is imprinted, there shall be an original or electronic signature, date of the signature, and the date of expiration of the architect's Delaware registration all located in close proximity to the seal in a format substantially similar to the following:
Signature: ___________________________________________________
Date of signature: _____________________________________________
Date of registration expiration: ___________________________________
7.6.3 The seal appearing on any technical submission shall be prima facie evidence that said technical submission was prepared by or under the direct supervision of the individual named on said submission.
7.6.4 All technical submissions prepared by an architect shall contain the following legend wherever the architect's seal appears: "The professional services of the architect are undertaken for and are performed in the interest of [name of person employing architect]. No contractual obligation is assumed by the architect for the benefit of any other person involved in the project."
7.6.5 Pursuant to 24 Del.C. §303(c)(2), if a registered architect has not been employed to furnish construction contract administration services at the time such registered architect issues such technical submissions, the registered architect shall note on such technical submissions that the registered architect has not been so employed by including the following text, in minimum 12 point type, in close proximity to the seal:
The architect who sealed, signed and dated this document has not been employed to furnish construction contract administration services as defined in 24 Del.C. §303(c).
7.6.6 No person shall remove or alter any seal, signature or date required by 7.61, 7.6.4 and/or 7.6.5.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-8.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
8.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
8.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
8.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 8.8 of this section.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
24 Del. Admin. Code § 300-9.0 Crimes substantially related to the practice of architecture
9.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of architecture in the State of Delaware without regard to the place of conviction:
9.1.1 Criminal solicitation in the second degree if the underlying crime is a crime substantially related to the practice of architecture. 11 Del.C. §502
9.1.2 Criminal solicitation in the first degree if the underlying crime is a crime substantially related to the practice of architecture. 11 Del.C. §503.
9.1.3 Conspiracy in the first degree if the underlying crime is a crime substantially related to the practice of architecture. 11 Del.C. §513.
9.1.4 Aggravated Menacing. 11 Del.C. §602(b).
9.1.5 Reckless endangering in the first degree. 11 Del.C. §604.
9.1.6 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
9.1.7 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
9.1.8 Assault in the third degree. 11 Del.C. §611
9.1.9 Assault in the second degree. 11 Del.C. §612.
9.1.10 Assault in the first degree. 11 Del.C.§613.
9.1.11 Terroristic threatening; felony. 11 Del.C. §621.
9.1.12 Vehicular assault in the first degree 11 Del.C. §629.
9.1.13 Vehicular homicide in the first degree 11Del.C. §630A.
9.1.14 Murder by abuse or neglect in the second degree. 11Del.C. §633.
9.1.15 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
9.1.16 Murder in the second degree. 11 Del.C. §635
9.1.17 Murder in the first degree. 11 Del.C. §636.
9.1.18 Unlawful sexual contact in the second degree. 11 Del.C. §768.
9.1.19 Unlawful sexual contact in the first degree. 11 Del.C. §769.
9.1.20 Rape in the fourth degree. 11 Del.C. §770.
9.1.21 Rape in the third degree. 11 Del.C. §771.
9.1.22 Rape in the second degree. 11 Del.C. §772.
9.1.23 Rape in the first degree. 11 Del.C. §773
9.1.24 Sexual extortion. 11 Del.C. §776.
9.1.25 Continuous sexual abuse of a child. 11 Del.C. §778.
9.1.26 Female genital mutilation. 11 Del.C. §780.
9.1.27 Unlawful imprisonment in the first degree. 11 Del.C. §782.
9.1.28 Kidnapping in the second degree. 11 Del.C. §783.
9.1.29 Kidnapping in the first degree. 11 Del.C. §783A.
9.1.30 Arson in the third degree. 11 Del.C. §801
9.1.31 Arson in the second degree. 11 Del.C. §802.
9.1.32 Arson in the first degree. 11 Del.C. §803.
9.1.33 Burglary in the third degree 11 Del.C. §824
9.1.34 Burglary in the second degree. 11 Del.C. §825.
9.1.35 Burglary in the first degree. 11 Del.C. §826
9.1.36 Robbery in the second degree. 11 Del.C. §831.
9.1.37 Robbery in the first degree. 11 Del.C. §832.
9.1.38 Carjacking in the second degree. 11 Del.C. §835.
9.1.39 Carjacking in the first degree. 11 Del.C. §836.
9.1.40 Theft 11 Del.C. §841.
9.1.41 Theft; false pretenses 11 Del.C. §843
9.1.42 Extortion. 11 Del.C. §846.
9.1.43 Identity theft. 11 Del.C. §854.
9.1.44 Forgery. 11 Del.C. §861.
9.1.45 Tampering with public records in the first degree. 11 Del.C. §876.
9.1.46 Issuing a false certificate 11 Del.C. §878
9.1.47 Bribery 11 Del.C. §881
9.1.48 Receiving a bribe 11 Del.C. §882
9.1.49 Criminal impersonation of a police officer. 11 Del.C. §907B.
9.1.50 Insurance fraud 11 Del.C. §913
9.1.51 Dealing in children. 11 Del.C. §1100
9.1.52 Endangering the welfare of a child. 11 Del.C. §1102.
9.1.53 Sexual exploitation of a child. 11 Del.C. §1108.
9.1.54 Unlawfully dealing in child pornography. 11 Del.C. §1109.
9.1.55 Possession of child pornography. 11 Del.C. §1111.
9.1.56 Felony Bribery 11 Del.C. §1201
9.1.57 Felony Receiving a Bribe 11 Del.C. §1203
9.1.58 Perjury in the second degree. 11 Del.C. §1222.
9.1.59 Perjury in the first degree. 11 Del.C. §1223.
9.1.60 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
9.1.61 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.
9.1.62 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
9.1.63 Possession of a firearm during commission of a felony. 11 Del.C. §1447A
9.1.64 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
9.1.65 Giving a firearm to person prohibited. 11 Del.C. §1454.
9.1.66 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
9.1.67 Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F Felony. 11 Del.C. §1457.
9.1.68 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
9.1.69 Criminal Penalties, Organized Crime and Racketeering. 11 Del.C. §1504.
9.1.70 Victim or Witness intimidation. 11 Del.C. §§ 3532 & 3533.
9.1.71 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
9.1.72 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).
9.1.73 Drug Dealing - Aggravated Possession; class B felony. 16 Del.C. §4752.
9.1.74 Drug Dealing - Aggravated Possession; class C felony. 16 Del.C. §4753.
9.1.75 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
9.1.76 Drug Dealing - Aggravated Possession; class D felony. 16 Del.C. §4754.
9.1.77 Drug Dealing - Aggravated Possession; class E felony. 16 Del.C. §4755.
9.1.78 Drug Dealing - Aggravated Possession; class F felony. 16 Del.C. §4756.
9.1.79 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
9.1.80 Distribution to persons under 21 years of age. 16 Del.C. §4761.
9.1.81 Purchase of drugs from minors. 16 Del.C. §4761A.
9.1.82 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. §4767.
9.1.83 Drug paraphernalia; felony. 16 Del.C. §4771 (a) and (b).
9.2 Crimes substantially related to the practice of architecture shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
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Del.
Seal
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Notice of Offer of Architectural Services in Delaware
To: Delaware Board of Architects
861 Silver Lake Blvd., Suite 203
Dover, DE 19904
From:
Name: __________________________
Firm Name: __________________________________
Firm Address: __________________________________
Telephone: ______________________
Mail: __________________________
Notice is hereby provided, pursuant to 24 Del.C. §303(b)(11), to the Delaware Board of Architects by the undersigned person, that:
a. The person meets the requirements for reciprocal registration and is not currently registered in Delaware, but will be present in Delaware for the purpose of offering to provide architectural services;
b. The person will deliver a copy of this notice to every potential client to whom the person offers to render architectural services; and
c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for a project in Delaware.
The undersigned person shall not perform any of the professional services involved in the practice of architecture in Delaware until registered as an architect in Delaware.
Signature: ________________________________
Date: ___________________________
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Del.
Seal
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Notice of Participation in an Architectural Design
Competition in Delaware
To: Delaware Board of Architects
861 Silver Lake Blvd., Suite 203
Dover, DE 19904
From:
Name: __________________________
Firm Name: ____________________________________
Firm Address: ____________________________________
Telephone: __________________________
Mail: ______________________________
Notice is hereby provided, pursuant to 24 Del.C. §303(b)(12), to the Delaware Board of Architects by the undersigned person, that:
a. The person meets the requirements for reciprocal registration and is not currently registered in Delaware, but will be present in Delaware for the purpose of participating in an architectural design competition;
b. The person will deliver a copy of this notice to every person conducting architectural design competition in which the person participates; and
c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for the project.
Signature: ________________________________
Date: ___________________________
History
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 20 DE Reg. 375 (11/01/16)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 18 DE Reg. 321 (10/01/14)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 20 DE Reg. 375 (11/01/16)
- 6 DE Reg. 850 (01/01/03)
- 8 DE Reg. 953 (01/01/05)
- 9 DE Reg. 1764 (05/01/06)
- 12 DE Reg. 70 (07/01/08)
- 15 DE Reg. 1620 (05/01/12)
- 17 DE Reg. 550 (11/01/13)
- 18 DE Reg. 321 (10/01/14)
- 19 DE Reg. 659 (01/01/16)
- 20 DE Reg. 375 (11/01/16)
- 21 DE Reg. 54 (07/01/17)
- 22 DE Reg. 412 (11/01/18)
500 Board of Podiatry
24 Del. Admin. Code § 500-1.0 General Provisions
1.1 Pursuant to 24 Del.C. Ch. 5, the Delaware Board of Podiatry (“the Board”) is authorized to, and has adopted, these Rules and Regulations.
1.2 Information about the Board, including its meeting dates, may be obtained by contacting the Board’s Administrative Assistant at the Division of Professional Regulation, Cannon Building, 861 Silver Lake Boulevard, Ste. 203, Dover, Delaware 19904-2467, telephone (302) 739-4522. Requests to the Board may be directed to the same office.
1.3 The Board’s President shall preside at all meetings of the Board and shall sign all official documents of the Board. In the President’s absence, the Board’s Secretary shall preside at meetings and perform all duties usually performed by the President.
1.4 The Board shall elect officers, pursuant to 24 Del.C. §504 in January of each year.
1.5 The Board may seek counsel, advice and information from other governmental agencies and such other groups as it deems appropriate.
1.6 The Board may establish such subcommittees as it determines appropriate for the fair and efficient processing of the Board’s duties.
1.7 Board members are subject to the provisions applying to honorary state officials in the “State Employees’, Officers’ and Officials’ Code of Conduct,” found at 29 Del.C. Ch. 58.
Statutory authority: 24 Del.C. §503; 504; 506.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-2.0 Application And Licensing Requirements
2.1 Application and Requirements for Licensure. Pursuant to 24 Del.C. §508, an applicant for licensure must meet the requirements of 24 Del.C. §508(a). An applicant for licensure must arrange to provide the Board with a copy of his or her record with the National Practitioners’ Data Bank. Upon completion of these requirements, the Board shall issue a license.
2.2 The Board may require additional information or explanation when it has questions about an applicant’s qualifications or application materials. An application is not complete or in proper form until the Board has received all required and requested documents, materials, information and fees.
2.3 Graduates of non-United States (U.S.) degree programs will be required to have their credentials evaluated by a credential evaluation service acceptable to the Board, to determine equivalency to U.S. degree programs.
Statutory authority: 24 Del.C. §508.
2.4 Residency Program. The hospital residency program shall be approved by and comply with the Special Standards and Requirements established for residency programs by the American Podiatric Medical Association (APMA) and Council on Podiatric Medical Education (CPME).
Statutory authority: 24 Del.C. §§508(a)(2)
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-3.0 Examinations
3.1 Examination. Pursuant to 24 Del.C. §508 and 509, applicants for licensure must have taken an approved national examination and achieved the minimum passing score recommended by the testing service providing the examination. The approved national examination is the PMLexis administered by the National Board of Podiatry Medical Examiners (NBPME).
3.2 An applicant for licensure is required to have successfully completed the NBPME Part I and Part II exams as a prerequisite to sitting for the PMLexis.
3.3 An applicant for licensure shall, prior to sitting for the examination, notify the testing service administering the PMLexis to forward his or her examination results directly to the Board. Failure to do so may constitute grounds for denial of licensure.
Statutory authority: 24 Del.C. §506(a)(3); 509.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-4.0 Reciprocity
4.1 In addition to other requirements for licensure by reciprocity set forth in 24 Del.C. §510, the Board may only approve licensure by reciprocity where said applicants are currently licensed in other state(s) whose requirements for registration or certification are substantially similar to those of the State of Delaware, or as set forth in Rules 4.3 and 4.4, below. Equivalency shall be determined by comparing the laws in effect at the time of application. Prior to issuing a license by reciprocity, the Board will determine whether said applicants have ever been disciplined or whether there are any disciplinary actions pending in any jurisdiction.
4.2 Requirements for registration and certification, as they relate to states other than Delaware, are deemed by the Board to be substantially similar to those of the State of Delaware when said requirements include:
4.2.1 Satisfactory completion of a degree of Doctor of Podiatric Medicine or its equivalent from a school currently accredited by the APMA or its successor;
4.2.2 Satisfactory completion of the NBPME Part I, Part II and PMLexis examinations, with at least the minimum passing score recommended by the testing service providing the examination; and;
4.2.3 Satisfactory completion of a hospital residency program approved by the American Podiatric Medical Association (APMA).
4.3 An applicant licensed in a state whose standards for licensure are not substantially similar to those of Delaware may obtain licensure by reciprocity if he or she holds a license in good standing in that state and has practiced podiatry for a minimum of 5 years after licensure.
4.4 An applicant for licensure by reciprocity, who is licensed in a state whose standards are not substantially similar to those of this state, must provide the Board with an affidavit from his or her employer(s) in the state of licensure, or other evidence acceptable to the Board, documenting at least 5 years of practice following licensure in that state.
Statutory authority: 24 Del.C. §510.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-5.0 Licenses (In-Training, Lapse/Renewal, Inactive)
5.1 In-Training License.
5.1.1 Pursuant to 24 Del.C. §513(d), the Board will issue, without examination, an In-Training license to podiatric physicians who are (1) participating in this State in a residency program accredited by the Council on Podiatric Medical Education and (2) are otherwise qualified for licensure.
5.1.2 A podiatric physician who will be employed by a hospital as a resident or fellow in an accredited residency or fellowship program may apply for an In-Training license. Application shall be made on forms provided by the Board. Such applications shall include:
5.1.2.1 An affidavit of the employer hospital’s residency program director certifying that the podiatric physician will be employed by the hospital and meets all requirements for licensure specified in 24 Del.C. §508(a)(1) through (a)(7), excluding 24 Del.C. §508(a)(2).
5.1.2.2 An affidavit of the podiatric physician seeking licensure certifying that he meets all the requirements for licensure specified in 24 Del.C. §508(a)(1) through (a)(7), excluding 24 Del.C. §508(a)(2). Parts I and II of the Podiatric Medical Licensing Examination for States (PM Lexis) exam must be satisfactorily completed prior to residency. Satisfactory completion of Part III of the PM Lexis exam will have to be completed by the end of the first year of residency.
5.1.2.3 An affidavit of the podiatric physician seeking licensure certifying that he intends to limit himself solely to practice within the hospital or the performance of such medical duties outside the hospital which may be assigned to him as part of the residency program.
5.1.3 Residents employed by accredited hospitals who have been granted In-Training licenses shall be specifically limited to the practice of medicine within the hospital where they are employed, except for any medical duties which may be assigned as part of the residency program as long as those outside duties are performed under the supervision of a fully licensed podiatric physician.
5.1.4 An In-Training license is required for all podiatric physicians who will spend 45 or more consecutive days in a Delaware institution as part of a rotation for an out-of-state residency program.
5.1.5 The licensee and the employer hospital shall notify the board not later than 3 days after the licensee’s completion of or withdrawal from the residency program.
5.1.6 Valid In-Training licenses may be renewed by the licensee by paying the renewal fee set by the Division of Professional Regulation.
5.2 Lapse/Renewal
5.2.1 A licensee whose license lapses for non-renewal may renew within 1 year by paying the late fee required by 24 Del.C. §511 and having completed all continuing education required for renewal. Late renewals shall be audited for satisfactory completion of the continuing education requirement.
5.2.2 If a licensee allows his or her license to lapse for over 1 year and has not been granted inactive status, that licensee must reapply for licensure in the same manner as a new applicant.
5.2.3 It shall be the responsibility of all licensees, active or inactive, to keep the Board informed of any change in name, home or business address.
5.2.4 License renewal may be accomplished online at http://dpr.delaware.gov.
5.3 Inactive Status
5.3.1 A licensee may be placed on inactive status by the Board for fixed a period of no more than 5 years. Requests for inactive status shall be made, in writing, to the Board. After application to the Board and payment of a renewal fee, an inactive licensee may obtain a new license and re-enter active practice after completion of the continuing education requirements below.
5.3.1.1 Inactive status for 1 year or less: 16 CE hours.
5.3.1.2 Inactive status for more than 1 year: 32 CE hours, completed within 24 months prior to reapplication.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-6.0 Continuing Education
6.1 “Continuing medical education (CME),” as that term is herein applied by the Board, includes any and all continuing education requirements, as herein below provided, which must be satisfied biennially by all licensed practitioners as a condition for licensure renewal. Each licensed practitioner shall complete, on or before June 30 of even numbered years at least 32 hours of continuing education as a condition of license renewal.
6.2 Each practitioner shall be exempt from the continuing education requirement in the first biennial licensing period, or any portion thereof, in which he is licensed to practice in Delaware. During the renewal process, a practitioner shall attest to his satisfactory completion of the continuing education requirements for the previous 2 years. Attestation may be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted. Each licensee must maintain a Podiatry CME log, on a form to be supplied by the Board, indicating the date, title, sponsor, and number of hours the licensee attended, for each continuing education program submitted for credit. Random audits will be performed by the Board to ensure compliance with the continuing education requirement. Licensees selected for the random audit shall submit validated documents which evidence satisfactory completion of the continuing education requirements for the previous 2 years. The Board reserves the right to request additional documentation, such as copies of program materials, to verify CME compliance in the course of a random audit.
6.3 Only approved courses will be counted toward the 32 hour biennial continuing education requirement. A practitioner may gain approval of any course or program by written application to the Board, stating the title, sponsor and summary of course content. The Board may act upon all such requests at the next regularly scheduled meeting, may act upon such requests at any intervening special meeting convened to consider other issues, or may delegate to any member of the Board the authority to approve continuing education courses on behalf of the Board. Any practitioner who attends and/or completes a course which has not yet been approved by the Board does so at his own risk that the Board may not approve the said course nor allow it to be counted toward completion of the annual requirement of 32 hours of continuing education.
6.4 Content. The overriding consideration in determining if a specific program qualifies for continuing education is that it be a formal program of learning which contributes directly to the professional competence of the licensee. No credit shall be given for business or practice seminars.
6.4.1 Computer, television or video based courses and other independent study courses may be submitted to the Board for approval, however no such course will be approved for credit unless it includes successful completion of a final examination or paper.
6.4.2 The following programs will be deemed to qualify for continuing education without prior Board approval:
6.4.2.1 Any program approved by the American Podiatric Medical Association (APMA), and approved affiliates.
6.4.2.2 Any seminar sponsored by the Delaware Podiatric Medical Association (DMPA).
6.4.2.3 Any podiatric program sponsored by a hospital or clinic as part of a CPME approved residency program.
6.5 Hardship. The Board has the authority to make exceptions to the continuing education requirements upon written request of the licensee and a showing of good cause. “Good cause” may include, but is not limited to, disability, illness, military service, foreign residency, and retirement. Upon application, the Board shall set the time in which the licensee must complete the continuing education requirement. No extension shall be granted for more than 120 days after the end of the licensing period.
6.6 Self-directed activity
6.6.1 The Board may, upon request, review and approve credit for self-directed activities, including research, preparation and/or presentation of professional papers and articles, to a maximum of 8 hours per biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants (e.g. research) and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee.
6.6.2 The Board may award up to a maximum of 8 continuing education hours for the first-time preparation and presentation of an approved podiatric clinical course, in-service training, workshop, or seminar. A copy of the course syllabus and verification that the course was presented is required for Board approval.
Statutory authority: 24 Del.C. §§506(a)(7).
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-7.0 Grounds for Discipline and Hearing Procedures
7.1 Grounds for discipline are listed in 24 Del.C. §515.
7.1.1 Advertising – communications to the public must be accurate and not convey false, untrue, deceptive, or misleading information. Licensees shall provide truthful and accurate representations of their credentials, training, experience, or ability. Licensees shall not communicate claims of superiority that cannot be substantiated. Violation of these standards is an act of consumer fraud or deception.
7.2 Disciplinary proceedings against a licensee may be initiated by submitting a complaint in writing to the Director of the Division of Professional Regulation as specified in 29 Del.C. §8735(h).
7.2.1 A copy of the written complaint shall be forwarded to the administrative assistant for the Board. At the next regularly scheduled Board meeting, a contact person for the Board shall be appointed and a copy of the written complaint given to that person.
7.2.2 The contact person appointed by the Board shall maintain strict confidentiality with respect to the contents of the complaint and shall not discuss the matter with other Board members or with the public. The contact person shall maintain contact with the investigator or Deputy Attorney General assigned to the case regarding the progress of the investigation.
7.2.3 In the instance when the case is being closed by the Division, the contact person shall report the facts and conclusions to the Board without revealing the identities of the parties involved. No vote of the Board is necessary to close the case.
7.2.4 If a hearing has been requested by the Deputy Attorney General, a copy of these Rules and Regulations shall be provided to the respondent upon request. The notice of hearing shall fully comply with 29 Del.C. §10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
7.2.5 At any disciplinary hearing, the respondent shall have the right to appear in person or be represented by counsel, or both. The Respondent shall have the right to produce evidence and witnesses on his or her behalf and to cross examine witnesses. The Respondent shall be entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of documents on his or her behalf.
7.2.6 No less than 10 days prior to the date set for a disciplinary hearing, the Department of Justice and the respondent shall submit to the Board and to each other, a list of the witnesses they intend to call at the hearing. Witnesses not listed shall be permitted to testify only upon a showing of reasonable cause for such omission.
7.2.7 If the respondent fails to appear at a disciplinary hearing after receiving proper notice, the Board may proceed to hear and determine the validity of the charges against the respondent.
7.3 Hearing procedures
7.3.1 The Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. All testimony at any hearing shall be under oath.
7.3.2 Strict rules of evidence shall not apply. All evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs shall be admitted.
7.3.3 An attorney representing a party in a hearing or matter before the Board shall notify the Board of the representation in writing as soon as practicable.
7.3.4 Requests for postponements of any matter scheduled before the Board shall be submitted to the Board’s office in writing no less than 3 days before the date scheduled for the hearing. Absent a showing of exceptional hardship, there shall be a maximum of one postponement allowed to each party to any hearing.
7.3.5 A complaint shall be deemed to “have merit” and the Board may impose disciplinary sanctions against the licensee if a majority of the members of the Board find, by a preponderance of the evidence, that the respondent has committed the act(s) of which he or she is accused and that those act(s) constitute grounds for discipline.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-8.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
8.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
8.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
8.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 8.8 of this section.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
24 Del. Admin. Code § 500-9.0 Definitions - The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise:
“Conviction”, unless otherwise defined by specific statute, means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).
“Substantially similar crimes in another State or Jurisdiction”, shall include all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
9.1 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated:
Assaults and Related Offenses
9.1.1 §603. Reckless endangering in the second degree;
9.1.2 §604. Reckless endangering in the first degree;
9.1.3 §605. Abuse of a pregnant female in the second degree;
9.1.4 §606. Abuse of a pregnant female in the first degree;
9.1.5 §611. Assault in the third degree;
9.1.6 §612. Assault in the second degree;
9.1.7 §613. Assault in the first degree;
9.1.8 §614. Assault on a sports official.
9.1.9 §615. Assault by abuse or neglect;
9.1.10 §621. Terroristic threatening;
9.1.11 §625. Unlawfully administering drugs;
9.1.12 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
9.1.13 §628. Vehicular assault in the second degree;
9.1.14 §629. Vehicular assault in the first degree;
9.1.15 §630. Vehicular homicide in the second degree;
9.1.16 §630A. Vehicular homicide in the first degree;
9.1.17 §631. Criminally negligent homicide;
9.1.18 §632. Manslaughter;
9.1.19 §633. Murder by abuse or neglect in the second degree;
9.1.20 §634. Murder by abuse or neglect in the first degree;
9.1.21 §635. Murder in the second degree;
9.1.22 §636. Murder in the first degree;
Sexual Offenses
9.1.23 §763. Sexual harassment;
9.1.24 §765. Indecent exposure in the first degree;
9.1.25 §766. Incest;
9.1.26 §767. Unlawful sexual contact in the third degree;
9.1.27 §768. Unlawful sexual contact in the second degree;
9.1.28 §769. Unlawful sexual contact in the first degree;
9.1.29 §770. Rape in the fourth degree;
9.1.30 §771. Rape in the third degree;
9.1.31 §772. Rape in the second degree;
9.1.32 §773. Rape in the first degree;
9.1.33 §774. Sexual extortion;
9.1.34 §776. Continuous sexual abuse of a child;
9.1.35 §780. Female genital mutilation.
Kidnapping and Related Offenses
9.1.36 §781. Unlawful imprisonment in the second degree;
9.1.37 §782. Unlawful imprisonment in the first degree;
9.1.38 §783. Kidnapping in the second degree;
9.1.39 §783A. Kidnapping in the first degree;
9.1.40 §785. Interference with custody;
Coercion
9.1.41 §791. Acts constituting coercion;
9.2 Crimes of dishonesty or aberrant behavior:
Arson and Related Offenses
9.2.1 §801. Arson in the third degree;
9.2.2 §802. Arson in the second degree;
9.2.3 §803. Arson in the first degree;
Criminal Trespass and Burglary
9.2.4 §820. Trespassing with intent to peer or peep into a window or door of another;
9.2.5 §823. Criminal trespass in the first degree;
9.2.6 §824. Burglary in the third degree;
9.2.7 §825. Burglary in the second degree;
9.2.8 §826. Burglary in the first degree;
9.2.9 §828. Possession of burglar’s tools or instruments facilitating theft;
Robbery
9.2.10 §831. Robbery in the second degree;
9.2.11 §832. Robbery in the first degree.
9.2.12 §835. Carjacking in the second degree;
9.2.13 §836. Carjacking in the first degree;
Theft and Related Offenses
9.2.14 §840. Shoplifting; class G felony;
9.2.15 §841. Theft;
9.2.16 §842. Theft; lost or mislaid property; mistaken delivery.
9.2.17 §843. Theft; false pretense.
9.2.18 §844. Theft; false promise.
9.2.19 §845. Theft of services.
9.2.20 §846. Extortion;
9.2.21 §851. Receiving stolen property;
9.2.22 §854. Identity theft;
Forgery and Related Offenses
9.2.23 §861. Forgery; class F felony;
9.2.24 §862. Possession of forgery devices;
Offenses Involving Falsification of Records
9.2.25 §871. Falsifying business records;
9.2.26 §873. Tampering with public records in the second degree;
9.2.27 §876. Tampering with public records in the first degree;
9.2.28 §877. Offering a false instrument for filing;
9.2.29 §878. Issuing a false certificate;
Bribery Not Involving Public Servants
9.2.30 §881. Bribery;
9.2.31 §882. Bribe receiving;
Frauds on Creditors
9.2.32 §891. Defrauding secured creditors;
9.2.33 §892. Fraud in insolvency;
Other Frauds and Cheats
9.2.34 §900. Issuing a bad check;
9.2.35 §903. Unlawful use of credit card;
9.2.36 §903A. Reencoder and scanning devices;
9.2.37 §906. Deceptive business practices;
9.2.38 §907. Criminal impersonation;
9.2.39 §907A. Criminal impersonation, accident related;
9.2.40 §907B. Criminal impersonation of a police officer;
9.2.41 §913. Insurance fraud;
9.2.42 §913A. Health care fraud;
9.3 Crimes involving children or animals:
Child Welfare; Sexual Offenses, Animal Offenses
9.3.1 §1100A. Dealing in children;
9.3.2 §1101. Abandonment of child;
9.3.3 §1102. Endangering the welfare of a child;
9.3.4 §1105. Crime against a vulnerable adult;
9.3.5 §1106. Unlawfully dealing with a child;
9.3.6 §1107. Endangering children;
9.3.7 §1108. Sexual exploitation of a child;
9.3.8 §1109. Unlawfully dealing in child pornography;
9.3.9 §1111. Possession of child pornography;
9.3.10 §1112. Sexual offenders; prohibitions from school zones.
9.3.11 §1112A. Sexual solicitation of a child;
9.3.12 §1113. Criminal non-support and aggravated criminal non-support.
9.3.13 §1325. Cruelty to animals;
9.3.14 §1326. Animals; fighting and baiting prohibited;
9.3.15 §1327. Maintaining a dangerous animal;
9.4 Crimes against public order:
Bribery and Improper Influence
9.4.1 §1201. Bribery;
9.4.2 §1203. Receiving a bribe;
9.4.3 §1207. Improper influence;
9.4.4 §1211. Official misconduct;
9.4.5 §1212. Profiteering.
Perjury and related offenses
9.4.6 §1221. Perjury in the third degree;
9.4.7 §1222. Perjury in the second degree;
9.4.8 §1223. Perjury in the first degree;
9.4.9 §1233. Making a false written statement;
9.4.10 §1239. Wearing a disguise during the commission of a felony;
9.4.11 §1240. Terroristic threatening of public officials or public servants;
9.4.12 §1243. Obstructing fire-fighting operations;
9.4.13 §1244. Hindering prosecution;
9.4.14 §1245. Falsely reporting an incident;
9.4.15 §1246. Compounding a crime;
9.4.16 §1249. Abetting the violation of driver’s license restrictions;
9.4.17 §1250. Offenses against law-enforcement animals;
9.4.18 §1251. Escape in the third degree;
9.4.19 §1252. Escape in the second degree;
9.4.20 §1253. Escape after conviction;
9.4.21 §1254. Assault in a detention facility;
9.4.22 §1259. Sexual relations in detention facility;
Offenses Relating to Judicial and Similar Proceedings
9.4.23 §1261. Bribing a witness;
9.4.24 §1262. Bribe receiving by a witness;
9.4.25 §1263. Tampering with a witness;
9.4.26 §1263A. Interfering with child witness.
9.4.27 §1264. Bribing a juror;
9.4.28 §1265. Bribe receiving by a juror;
9.4.29 §1266. Tampering with a juror;
9.4.30 §1267. Misconduct by a juror;
9.4.31 §1269. Tampering with physical evidence;
9.4.32 §1271. Criminal contempt;
9.4.33 §1271A. Criminal contempt of a domestic violence protective order;
9.5 Crimes against public health and decency:
Disorderly Conduct and Related Offenses
9.5.1 §1304. Hate crimes;
9.5.2 §1312. Stalking;
9.5.3 §1312A. Stalking;
9.5.4 §1313. Malicious interference with emergency communications;
9.5.5 §1335. Violation of privacy;
9.5.6 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices;
9.5.7 §1339. Adulteration;
9.5.8 §1340. Desecration of burial place.
Offenses Involving Public Indecency
9.5.9 §1351. Promoting prostitution in the third degree;
9.5.10 §1352. Promoting prostitution in the second degree;
9.5.11 §1353. Promoting prostitution in the first degree;
Obscenity
9.5.12 §1361. Obscenity; acts constituting;
9.5.13 §1365. Obscene literature harmful to minors;
9.6 Drug related crimes:
9.6.1 §4751. Prohibited acts A;
9.6.2 §4752 (Former). Prohibited acts B;
9.6.3 §4752A. Unlawful delivery of noncontrolled substance.
9.6.4 §4753 (Former). Prohibited acts C.
9.6.5 §4753A. Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., designer drugs.
9.6.6 §4754 (Former). Prohibited acts D;
9.6.7 §4754A. Possession and delivery of noncontrolled prescription drug.
9.6.8 §4755. Prohibited acts E;
9.6.9 §4761 (Former). Distribution to persons under 21 years of age;
9.6.10 §4761A. Purchase of drugs from minors;
9.6.11 §4767 (Former). Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;
9.6.12 §4768 (Former). Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship.
9.6.13 Drug Dealing - Aggravated Possession; class B felony. 16 Del.C. §4752.
9.6.14 Drug Dealing - Aggravated Possession; class C felony. 16 Del.C. §4753.
9.6.15 Drug Dealing - Aggravated Possession; class D felony. 16 Del.C. §4754.
9.6.16 Drug Dealing - Aggravated Possession; class E felony. 16 Del.C. §4755.
9.6.17 Drug Dealing - Aggravated Possession; class F felony. 16 Del.C. §4756.
9.6.18 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
9.6.19 Drug paraphernalia; felony. 16 Del.C. §4771(a) and (b).
9.7 Weapons related crimes:
Offenses Involving Deadly Weapons and Dangerous Instruments
9.7.1 §1442. Carrying a concealed deadly weapon;
9.7.2 §1443. Carrying a concealed dangerous instrument;
9.7.3 §1444. Possessing a destructive weapon;
9.7.4 §1445. Unlawfully dealing with a dangerous weapon;
9.7.5 §1446. Unlawfully dealing with a switchblade knife;
9.7.6 §1447. Possession of a deadly weapon during commission of a felony;
9.7.7 §1447A. Possession of a firearm during commission of a felony;
9.7.8 §1448. Possession and purchase of deadly weapons by persons prohibited;
9.7.9 §1448A. Criminal history record checks for sales or firearms;
9.7.10 §1449. Wearing body armor during commission of felony;
9.7.11 §1450. Receiving a stolen firearm;
9.7.12 §1451. Theft of a firearm;
9.7.13 §1454. Giving a firearm to person prohibited;
9.7.14 §1455. Engaging in a firearms transaction on behalf of another;
9.7.15 §1456. Unlawfully permitting a minor access to a firearm;
9.7.16 §1457. Possession of a weapon in a Safe School and Recreation Zone;
9.7.17 §1458. Removing a firearm from the possession of a law enforcement officer;
9.7.18 §1459. Possession of a weapon with a removed, obliterated or altered serial number;
Offenses Involving Organized Crime and Racketeering
9.7.19 §1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses
9.7.20 §3533. Aggravated act of intimidation, Class D felony
9.7.21 §3532. Acts of Intimidation: Class E felony
Other Crimes
9.7.22 §3532. Act of intimidation;
9.7.23 §3533. Aggravated act of intimidation;
9.7.24 §3534. Attempt to intimidate;
9.7.25 Title 12 §210. Alteration, theft or destruction of Will.
9.7.26Title 16 §1136. Abuse or neglect of a patient or resident of a nursing facility.
9.7.27 Title 21 §2118A. Unlawful possession or manufacture of proof of insurance;
9.7.28 Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony.
9.7.29 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties; felony
9.7.30 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs;
9.7.31 Title 30 §571. Attempt to evade or defeat tax;
9.7.32 §572. Failure to collect or pay over tax;
9.7.33 §573. Failure to file return, supply information or pay tax;
9.7.34 §3913. Welfare violations [knowing or reckless abuse of an infirm adult]
9.8 Any crime which is a violation of Title 24, Chapter 5 as it may be amended from time to time or of any other statute which requires the reporting of a medical situation or condition to state, federal or local authorities or a crime which constitutes a violation of the Podiatric Practice Act of the state in which the conviction occurred or in which the physician is licensed.
9.9 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare.
History
- 19 DE Reg. 427 (11/01/15)
- 19 DE Reg. 427 (11/01/15)
- 10 DE Reg. 1153 (01/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 28 DE Reg. 816 (05/01/25)
- 10 DE Reg. 1153 (01/01/07)
- 16 DE Reg. 1195 (05/01/13)
- 11 DE Reg. 688 (11/01/07)
- 4 DE Reg. 683 (10/01/00)
- 4 DE Reg. 683 (10/01/00)
- 8 DE Reg. 1273 (03/01/05)
- 10 DE Reg. 1153 (01/01/07)
- 11 DE Reg. 688 (11/01/07)
- 12 DE Reg. 817 (12/01/08)
- 16 DE Reg. 1195 (05/01/13)
- 19 DE Reg. 427 (11/01/15)
- 21 DE Reg. 582 (01/01/18)
- 28 DE Reg. 816 (05/01/25)
700 Board of Chiropractic
24 Del. Admin. Code § 700-1.0 Chiropractic Defined; Limitations of Chiropractic License
1.1 An adjunctive procedure not otherwise prohibited by Chapter 7 which aids and or assists the chiropractor in providing chiropractic care and includes by way of example and is not limited to:
Acupuncture Procedures
Physiological Therapeutics
Diet and Nutritional Programs
Rehabilitation/Exercise Programs
1.2 Practice of chiropractic includes treatment by hand or instrument assisted.
1.3 Scope of Practice of Chiropractic Students:
1.3.1 Definitions:
"Chiropractic Preceptor" means any person licensed as a doctor of chiropractic in the State of Delaware who is approved by the Board to supervise chiropractic students in the performance of chiropractic at a location other than the premises of the chiropractic college in which the student is enrolled.
"Supervision and direction" means that a duly authorized instructor or chiropractic preceptor shall be within the immediate patient treatment area, the clinic proper, and available to the students at all times.
1.3.2 Students enrolled at approved chiropractic colleges may perform chiropractic procedures at a location other than the premises of the chiropractic college at which the student is enrolled provided such students have successfully completed a minimum of two academic years of chiropractic college and have met all of the chiropractic college's requirements concerning its student/preceptor program. The chiropractic procedures performed by the student shall be performed under the supervision and direction of a Chiropractic Preceptor.
1.3.3 Students performing chiropractic procedures at a location other than the premises of the chiropractic college at which the student is enrolled and under the supervision and direction of a Chiropractic Preceptor shall be known as "Chiropractic Interns" and shall not represent themselves to the public as licensed Chiropractors or use terms such as "Chiropractor", "Doctor of Chiropractic" or "D.C."
1.3.4 The Chiropractic Preceptor must be approved by the Board prior to supervising a chiropractic student. To qualify as a Chiropractic Preceptor, the chiropractor shall:
1.3.4.1 Be licensed to practice chiropractic in the State of Delaware for not less than five years.
1.3.4.2 Not have had any public or private sanctions against his license to practice chiropractic in Delaware or any other state.
1.3.4.3 Sign a sworn statement that he or she has not knowingly violated federal rules or regulations including, but not limited to, those pertaining to the repayment of guaranteed federally funded student loans obtained to finance one's chiropractic education.
1.3.4.4 Have the written approval of the chiropractic student's chiropractic college to serve as an adjunct faculty member for the purpose of a student/preceptor program.
1.3.5 All chiropractic procedures performed by chiropractic students shall be in compliance with all laws, rules, and regulations regarding the practice of chiropractic in the State of Delaware.
1.3.6 The primary responsibility for the evaluation and treatment of the patient by the chiropractic student rests with the Chiropractic Preceptor.
1.3.7 Documentation of all evaluation and treatment of the patient and all changes to such evaluation and treatment plans must be reviewed and approved by the Chiropractic Preceptor.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-2.0 Continuing Education (CE) Requirements
2.1 Completion of the required continuing education (CE) hours is a prerequisite for renewing a license. Licensees shall complete 24 hours of approved CE during each biennial licensing period, except as otherwise provided in these regulations for new licensees.
2.1.1 The deadline for completion of all required CE hours is the license renewal deadline, unless extended or waived pursuant to regulation 2.3. CE hours must be completed and approved by the Board before applying for renewal.
2.1.2 CE hours must be completed within the biennial licensure period for which they are being applied. Only six CE hours can be carried over into a subsequent licensure period.
2.1.3 The same course shall not count more than once during a single licensing period. For courses completed multiple times in one licensing period, credit shall only be given for the first course completion.
2.1.4 Licensees shall retain their CE course attendance documentation for at least two years after the renewal deadline.
2.1.5 At least 3 of the credit hours required for renewal must contain ethics, recordkeeping, or risk management.
2.1.6 The required CE can be taken online or by home study which includes video- or tele-conference, so long as the teaching is live, and the interaction between the instructor and the licensee is interactive and synchronous. Asynchronous education including video replay or on-line courses are limited to 12 hours per renewal period.
2.1.7 Only courses co-sponsored by accredited Chiropractic colleges, national or states organizations are presumptively approved so long as the course relates to the field of Chiropractic. Excepted from this presumptive approval are courses in practice management subjects.
2.1.8 The subject matter of all Continuing Education must contribute directly to the competency of a person licensed to practice as a Chiropractor. The activity must have a significant intellectual or practical content and deal with chiropractic techniques, issues or ethical standards relevant to the practice of chiropractic.
2.2 New Licensee Exception:
2.2.1 At the time of the initial license renewal, some individuals will have been licensed for less than two (2) years. For these individuals only, the continuing education hours will be pro-rated based on when the license was issued.
2.2.1.1 If the new license was issued during the first year of the renewal period, July 1 - December 31 of the even year, the licensee must complete 24 CE hours.
2.2.1.2 If the new license was issued during the first year of the renewal period, January 1 - June 30 of the odd year, the licensee must complete 18 CE hours.
2.2.1.3 If the new license was issued during the second year of the renewal period, July 1 - December 31 of the odd year, the licensee must complete 12 CE hours.
2.2.1.4 If the new license was issued during the second year of the renewal period, January 1 - June 30 of the even year, the licensee must complete 0 CE hours.
2.3 Hardship. For good cause, the Board may grant extensions of the CE deadline or may grant waivers of the CE requirements. Good cause includes, but is not limited to disability, serious illness, extended absence from the country, exceptional family responsibilities, or unique personal hardship that is not the result of professional negligence or inadvertence. Requests for hardship extensions or waivers must be submitted to the Board in writing before the end of the licensing period for which the request is sought.
2.4 Board approval for Continuing Education (CE) Courses
2.4.1 CE courses that are presented by a Chiropractic college accredited by the Council on Chiropractic Education (CCE) and are related to the practice of Chiropractic are approved, except courses on practice management or law other than Delaware law. These colleges and organizations do not have to submit Continuing Education Approval forms. It is the provider’s responsibility to post and advertise their CE courses available.
2.4.2 In order for licensees to receive credit for CE courses not sponsored by a Chiropractic college accredited by the CCE or presented by any other national or state Chiropractic organization, the course must be approved by the Board before the deadline for submission of a licensee’s renewal application.
2.4.2.1 CE course participants and providers may apply for pre-approval of courses by submitting a written request for approval that must include a program agenda, a syllabus indicating the time spent on each topic, the names and resumes of the presenters, and the number of CE hours requested. The Board may approve less than the number of hours requested.
2.5 Board approval of a licensee’s CE hours in a specialty area is not a Board endorsement of the licensee’s competence to practice that specialty.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-3.0 Renewal Requirements
3.1 The biennial licenses granted by the Board shall automatically terminate on June 30th of each even numbered year or on such other date as is specified by the Division of Professional Regulation. It is the responsibility of the licensee to file a renewal application with the Board. The failure of the Board to notify a licensee of his/her expiration date does not in any way relieve the licensee of the requirements of filing a renewal application with the Board. A licensee who fails to renew a license before the expiration date may renew on a late basis for a period not to exceed sixty days; however, it is illegal to practice Chiropractic in the State of Delaware beyond the expiration date. Licensees who do not renew their license within sixty days of the expiration date must reapply under the licensure requirements of a new licensee and have 24 credits of continued education from the previous licensing period.
3.2 Verification of CE hours shall be by attestation. Attestation shall be completed electronically.
3.3 Post-Renewal Audit. The Board will conduct random audits of renewal applications to ensure the veracity of attestations and compliance with the renewal requirements. Licensees selected for the random audit shall submit CE course attendance verification in the form of a certificate of attendance or completion that must be signed by the course presenter or by a designated official of the sponsoring organization. Licensees found to be deficient or found to have falsely attested may be subject to disciplinary proceedings and may have their license suspended or revoked. All licensees renewing during the late renewal period shall be audited.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-4.0 Inactive Status or Termination of Practice.
4.1 Any licensee who seeks to be placed on inactive status or who is terminating his or her practice in this State or who is leaving this State and is not transferring his or her records to another chiropractor shall notify the Board in writing and notify all patients treated within the last three (3) years by publication in a newspaper of general circulation throughout the State of Delaware and offer to make the patients records available to the patient or his or her duly authorized representative. Except in an emergency situation where as much notice as is reasonably possible shall be given, the notice by publication shall be made at least ninety (90) days prior to termination of the practice or leaving the State and must be published at least 3 times over this ninety (90) day period and must explain how a patient can procure his or her patient records. All patients who have not requested their records thirty (30) days prior to the termination of the licensee's practice or the licensee leaving the State shall be notified by first class mail by the licensee to permit patients to procure their records. Any patient records that have not been procured within 7 years after the licensee terminates his or her practice or leaves the State may be permanently disposed of in a manner that ensures confidentiality of the records.
4.2 In order to reactivate an inactive license, the licensee must make a written request to the Board, submit 24 continuing education hours, and pay the renewal fee before the expiration date of the inactive status. If the written request to become active is not received before the expiration date, the licensee will have to reapply and meet the requirements of a new applicant regardless of the way they were originally licensed.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-5.0 Retention of Patient Records.
5.1 Patient records must be retained by the Chiropractor or arrangements made for the maintenance and retention of patient records for seven (7) years from the date of the last treatment.
5.2 Whenever a patient changes from the care of one Chiropractor to another Chiropractor and upon the request of either the new Chiropractor or the patient the previous Chiropractor (a) may charge for the reasonable expenses of copying the patient's records and upon receiving payment for such expenses, shall transfer the patient's records to the new Chiropractor, or (b) if there is no copying charge, shall transfer the records of the patient to the new Chiropractor, within a reasonable time frame. Alternatively, if the patient and new Chiropractor agree, the Chiropractor may forward to the new Chiropractor a summary of the patient's records in lieu of the entire record at no charge to the patient. If a patient changes care from one Chiropractor to another Chiropractor, and fails to notify the previous Chiropractor or leaves the care of the previous Chiropractor for a period of 7 years from the date of the last treatment and fails to notify the previous Chiropractor, or fails to request the transfer of records to the new Chiropractor, then the previous Chiropractor shall maintain said records for a period of 7 years from the date of last treatment, after which time the records may be permanently disposed of in a manner that ensures confidentiality of the records.
5.3 This rule shall not apply to a Chiropractor who has seen or treated a patient on referral from another Chiropractor and who has provided a record of the diagnosis or treatment to another chiropractor, hospital or agency which has provided treatment for the patient.
5.4 A Chiropractor or the personal representative of the estate of a Chiropractor who disposes of patient records in accordance with the provisions of this rule is not liable for any direct or indirect loss suffered as a result of the disposal of a patient's records.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-6.0 Grounds for Discipline
6.1 Unprofessional Conduct in Advertising. Any Licensee who advertises or holds out to the public that he or she is a specialist in any specific chiropractic or adjunctive procedure without having a valid current certification as having special training and/or certification in such procedure or procedures from a recognized certification body is guilty of unprofessional conduct.
6.2 Examples of Unprofessional Conduct in Advertising and Promotional Practices. The following advertising and promotional practices are deemed to be misleading, false, deceptive, dishonorable and/or unethical and shall constitute unprofessional conduct by a licensee:
6.2.1 The use of testimonials without written permission of that doctor’s patient.
6.2.2 Offering free or discounted examinations unless all charges associated with such examinations, including all x-ray fees and charges, are conspicuously set out in writing at the time of and in conjunction with such offer and unless such examinations are offered regardless of the availability of insurance coverage of any recommended subsequent treatment.
6.2.3 The use of unjustified or exaggerated claims, promises or statements which guarantee or strongly imply cure or successful treatment or are otherwise false, fraudulent, deceptive, or misleading.
6.2.4 Willful failure to identify licensee as a Doctor of Chiropractic, Chiropractor or Chiropractic Physician.
6.3 Unprofessional conduct with Patient, Employees, or Co-workers. Sexual misconduct in violation of a statute of the State of Delaware or any State or Commonwealth where such conduct takes place, involving a licensee and a patient, employee or co-worker shall be deemed to be unprofessional conduct.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-7.0 Consulting
A Chiropractor licensed in another state, but not licensed in the State of Delaware may only practice chiropractic within the State of Delaware in consultation with a duly Delaware licensed Chiropractor for not more than ten (10) consultations in any twelve (12) month period. The consultations shall be limited to examination, recommendation, or testimony in litigation. The Delaware licensed Chiropractor must inform the Board that a consulting Chiropractor is consulting with them and inform the Board of the terms of the consulting agreement.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-8.0 Voluntary Treatment Option
Any member of the public or a licensee may make a written report, signed by the complainant, of chemical dependency or impairment affecting any person regulated by the Board pursuant to 29 Del.C. §8807(n).
8.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
8.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
8.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in section 8.8.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
24 Del. Admin. Code § 700-9.0 Crimes substantially related to the practice of chiropractic
9.1 The Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Chiropractic in the State of Delaware without regard to the place of conviction:
9.2 For the purposes of this section the following definitions shall apply:
“Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).
“Jurisdiction” Substantially similar crimes in another State or Jurisdiction including all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
9.3 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated:
Assaults and Related Offenses
9.3.1 §601. Offensive touching;
9.3.2 §602. Menacing;
9.3.3 §603. Reckless endangering in the second degree;
9.3.4 §604. Reckless endangering in the first degree;
9.3.5 §605. Abuse of a pregnant female in the second degree;
9.3.6 §606. Abuse of a pregnant female in the first degree;
9.3.7 §611. Assault in the third degree;
9.3.8 §612. Assault in the second degree;
9.3.9 §613. Assault in the first degree;
9.3.10 §614. Assault on a sports official.
9.3.11 §615. Assault by abuse or neglect;
9.3.12 §621. Terroristic threatening;
9.3.13 §625. Unlawfully administering drugs;
9.3.14 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
9.3.15 §629. Vehicular assault in the first degree;
9.3.16 §630. Vehicular homicide in the second degree;
9.3.17 §630A. Vehicular homicide in the first degree;
9.3.18 §631. Criminally negligent homicide;
9.3.19 §632. Manslaughter;
9.3.20 §633. Murder by abuse or neglect in the second degree;
9.3.21 §634. Murder by abuse or neglect in the first degree;
9.3.22 §635. Murder in the second degree;
9.3.23 §636. Murder in the first degree;
9.3.24 §645. Promoting suicide.
Abortion and Related Offenses
9.3.25 §651. Abortion;
9.3.26 §653. Issuing abortional articles.
Sexual Offenses
9.3.27 §763. Sexual harassment;
9.3.28 §765. Indecent exposure in the first degree;
9.3.29 §766. Incest;
9.3.30 §767. Unlawful sexual contact in the third degree;
9.3.31 §768. Unlawful sexual contact in the second degree;
9.3.32 §769. Unlawful sexual contact in the first degree;
9.3.33 §770. Rape in the fourth degree;
9.3.34 §771. Rape in the third degree;
9.3.35 §772. Rape in the second degree;
9.3.36 §773. Rape in the first degree;
9.3.37 §776. Sexual extortion;
9.3.38 §777. Bestiality;
9.3.39 §778. Continuous sexual abuse of a child;
9.3.40 §780. Female genital mutilation.
Kidnapping and Related Offenses
9.3.41 §781. Unlawful imprisonment in the second degree;
9.3.42 §782. Unlawful imprisonment in the first degree;
9.3.43 §783. Kidnapping in the second degree;
9.3.44 §783A. Kidnapping in the first degree;
9.3.45 §785. Interference with custody;
Coercion
9.3.46 §791. Acts constituting coercion;
9.4 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Arson and Related Offenses
9.4.1 §801. Arson in the third degree;
9.4.2 §802. Arson in the second degree;
9.4.3 §803. Arson in the first degree;
Criminal Trespass and Burglary
9.4.4 §820. Trespassing with intent to peer or peep into a window or door of another;
9.4.5 §824. Burglary in the third degree;
9.4.6 §825. Burglary in the second degree;
9.4.7 §826. Burglary in the first degree;
9.4.8 §828. Possession of burglar’s tools or instruments facilitating theft;
Robbery
9.4.9 §831. Robbery in the second degree;
9.4.10 §832. Robbery in the first degree.
9.4.11 §835. Carjacking in the second degree;
9.4.12 §836. Carjacking in the first degree;
Theft and Related Offenses
9.4.13 §840. Shoplifting; class G felony;
9.4.14 §840A. Use of illegitimate retail sales receipt or Universal Product Code Label.
9.4.15 §841. Theft;
9.4.16 §842. Theft; lost or mislaid property; mistaken delivery.
9.4.17 §843. Theft; false pretense.
9.4.18 §844. Theft; false promise.
9.4.19 §845. Theft of services.
9.4.20 §846. Extortion;
9.4.21 §848. Misapplication of property;
9.4.22 §849. Theft of rented property;
9.4.23 §850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.
9.4.24 §851. Receiving stolen property;
9.4.25 §854. Identity theft;
9.4.26 §860. Possession of shoplifter’s tools or instruments facilitating theft;
Forgery and Related Offenses
9.4.27 §861. Forgery; class F felony;
9.4.28 §862. Possession of forgery devices;
Offenses Involving Falsification of Records
9.4.29 §871. Falsifying business records;
9.4.30 §872. Falsifying business records;
9.4.31 §873. Tampering with public records in the second degree;
9.4.32 §876. Tampering with public records in the first degree;
9.4.33 §877. Offering a false instrument for filing;
9.4.34 §878. Issuing a false certificate;
Bribery Not Involving Public Servants
9.4.35 §881. Bribery;
9.4.36 §882. Bribe receiving;
Frauds on Creditors
Other Frauds and Cheats
9.4.37 §900. Issuing a bad check;
9.4.38 §903. Unlawful use of credit card;
9.4.39 §903A. Reencoder and scanning devices;
9.4.40 §906. Deceptive business practices;
9.4.41 §907. Criminal impersonation;
9.4.42 §907A. Criminal impersonation, accident related;
9.4.43 §907B. Criminal impersonation of a police officer;
9.4.44 §909. Securing execution of documents by deception;
9.4.45 §911. Fraudulent conveyance of public lands;
9.4.46 §912. Fraudulent receipt of public lands;
9.4.47 §913. Insurance fraud;
9.4.48 §913A. Health care fraud;
Computer Related Offenses
9.4.49 §933. Theft of computer services.
9.4.50 §934. Interruption of computer services.
9.4.51 §938. Failure to promptly cease electronic communication upon request.
Offenses Relating to Marriage
9.4.52 §1001. Bigamy;
9.4.53 §1003. Bigamous marriage contracted outside the State.
9.5 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Child Welfare; Sexual Offenses, Animal Offenses
9.5.1 §1100. Dealing in children;
9.5.2 §1101. Abandonment of child;
9.5.3 §1102. Endangering the welfare of a child;
9.5.4 §1105. Endangering the welfare of an incompetent person;
9.5.5 §1106. Unlawfully dealing with a child;
9.5.6 §1107. Endangering children;
9.5.7 §1108. Sexual exploitation of a child;
9.5.8 §1109. Unlawfully dealing in child pornography;
9.5.9 §1111. Possession of child pornography;
9.5.10 §1112. Sexual offenders; prohibitions from school zones.
9.5.11 §1112A. Sexual solicitation of a child;
9.5.12 §1113. Criminal non-support and aggravated criminal non-support.
9.5.13 §1117. Notice;
9.5.14 §1325. Cruelty to animals;
9.5.15 §1326. Animals; fighting and baiting prohibited (Felony only);
9.6 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Bribery and Improper Influence
9.6.1 §1201. Bribery;
9.6.2 §1203. Receiving a bribe;
Perjury and related offenses
9.6.3 §1221. Perjury in the third degree;
9.6.4 §1222. Perjury in the second degree;
9.6.5 §1223. Perjury in the first degree;
9.6.6 §1233. Making a false written statement;
9.6.7 §1239. Wearing a disguise during the commission of a felony;
9.6.8 §1240. Terroristic threatening of public officials or public servants;
9.6.9 §1243. Obstructing fire-fighting operations;
9.6.10 §1244. Hindering prosecution;
9.6.11 §1245. Falsely reporting an incident;
9.6.12 §1249. Abetting the violation of driver’s license restrictions;
9.6.13 §1250. Offenses against law-enforcement animals;
9.6.14 §1254. Assault in a detention facility (Felony only)
9.6.15 §1257A. Use of an animal to avoid capture (Felony only);
9.6.16 §1259. Sexual relations in detention facility;
Offenses Relating to Judicial and Similar Proceedings
9.6.17 §1261. Bribing a witness;
9.6.18 §1262. Bribe receiving by a witness;
9.6.19 §1263. Tampering with a witness;
9.6.20 §1263A. Interfering with child witness.
9.6.21 §1264. Bribing a juror;
9.6.22 §1265. Bribe receiving by a juror;
9.6.23 §1266. Tampering with a juror;
9.6.24 §1267. Misconduct by a juror;
9.6.25 §1269. Tampering with physical evidence;
9.6.26 §1271A. Criminal contempt of a domestic violence protective order;
9.6.27 §1273. Unlawful grand jury disclosure.
9.7 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
Disorderly Conduct and Related Offenses
9.7.1 §1302. Riot;
9.7.2 §1304. Hate crimes;
9.7.3 §1311. Harassment;
9.7.4 §1312. Aggravated harassment;
9.7.5 §1312A. Stalking;
9.7.6 §1313. Malicious interference with emergency communications;
9.7.7 §1335. Violation of privacy (Felony only);
9.7.8 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices;
9.7.9 §1339. Adulteration;
Offenses Involving Public Indecency
9.7.10 §1342. Prostitution;
9.7.11 §1343. Patronizing a prostitute prohibited.
9.7.12 §1351. Promoting prostitution in the third degree;
9.7.13 §1352. Promoting prostitution in the second degree;
9.7.14 §1353. Promoting prostitution in the first degree;
9.7.15 §1355. Permitting prostitution;
Obscenity
9.7.16 §1361. Obscenity; acts constituting;
9.7.17 §1365. Obscene literature harmful to minors;
9.8 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated:
9.8.1 §4751. Prohibited acts A;
9.8.2 §4752. Prohibited acts B;
9.8.3 §4752A.Unlawful delivery of noncontrolled substance.
9.8.4 §4753. Prohibited acts C.
9.8.5 §4753A.Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs.
9.8.6 §4754. Prohibited acts D;
9.8.7 §4754A.Possession and delivery of noncontrolled prescription drug.
9.8.8 §4755. Prohibited acts E;
9.8.9 §4756. Prohibited acts;
9.8.10 §4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions;
9.8.11 §4761. Distribution to persons under 21 years of age;
9.8.12 §4761A. Purchase of drugs from minors;
9.8.13 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;
9.8.14 §4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship.
9.9 Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
Offenses Involving Deadly Weapons and Dangerous Instruments
9.9.1 §1442. Carrying a concealed deadly weapon;
9.9.2 §1443. Carrying a concealed dangerous instrument;
9.9.3 §1444. Possessing a destructive weapon;
9.9.4 §1445. Unlawfully dealing with a dangerous weapon;
9.9.5 §1447. Possession of a deadly weapon during commission of a felony;
9.9.6 §1447A. Possession of a firearm during commission of a felony;
9.9.7 §1448. Possession and purchase of deadly weapons by persons prohibited;
9.9.8 §1448A. Criminal history record checks for sales or firearms;
9.9.9 §1449. Wearing body armor during commission of felony;
9.9.10 §1450. Receiving a stolen firearm;
9.9.11 §1451. Theft of a firearm;
9.9.12 §1452. Unlawfully dealing with knuckles-combination knife;
9.9.13 §1454. Giving a firearm to person prohibited;
9.9.14 §1455. Engaging in a firearms transaction on behalf of another;
9.9.15 §1456. Unlawfully permitting a minor access to a firearm;
9.9.16 §1457. Possession of a weapon in a Safe School and Recreation Zone;
9.9.17 §1458. Removing a firearm from the possession of a law enforcement officer;
9.9.18 §1459. Possession of a weapon with a removed, obliterated or altered serial number;
Offenses Involving Drug Paraphernalia
9.9.19 §4774. Penalties.
Offenses Involving Organized Crime and Racketeering
9.9.20 §1504. Criminal Penalties for Organized Crime & Racketeering
Offenses Involving Intimidation of Victims or Witnesses
9.9.21 §3532. Acts of Intimidation: Class E felony
9.9.22 §3533. Aggravated act of intimidation, Class D felony
Other Crimes
9.9.23 §3532. Act of intimidation;
9.9.24 §3533. Aggravated act of intimidation;
9.9.25 §3534. Attempt to intimidate;
9.9.26 §8523. Penalties [for violation of reporting provision re: SBI];
9.9.27 Title 21 §2118A. Unlawful possession or manufacture of proof of insurance;
9.9.28 §2133. Penalties; jurisdiction of justices of the peace.
9.9.29 §2315. False statements;
9.9.30 §2620. False statements; incorrect or incomplete information;
9.9.31 §2752. False statements;
9.9.32 §2760. Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards.
9.9.33 Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs (Felony only);
9.9.34 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties (Felony only).
9.9.35 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs (Felony only);
9.9.36 §4202. Duty of driver involved in accident resulting in injury or death to any person;
9.9.37 §6704. Receiving or transferring stolen vehicle;
9.9.38 Title 30 §571. Attempt to evade or defeat tax;
9.9.39 §572. Failure to collect or pay over tax;
9.9.40 §573. Failure to file return, supply information or pay tax;
9.9.41 §574. Fraud and false statements;
9.9.42 §3913. Welfare violations [knowing or reckless abuse of an infirm adult]
9.10 Any crime which is a violation of Title 24, Chapter 7 as it may be amended from time to time.
9.11 The Board reserves the jurisdiction and authority to modify this regulation as necessary and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare. The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a chiropractor and to determine whether to waive the disqualification under 24 Del.C. §707(a)(5).
History
- 4 DE Reg. 1940 (06/01/01)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 21 DE Reg. 902 (05/01/18)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 1396 (06/01/11)
- 18 DE Reg. 579 (01/01/15)
- 4 DE Reg. 1940 (06/01/01)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 7 DE Reg. 36 (07/01/03)
- 10 DE Reg. 146 (07/01/06)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 14 DE Reg. 1396 (06/01/11)
- 4 DE Reg. 1940 (06/01/01)
- 1 DE Reg. 45 (07/01/97)
- 4 DE Reg. 1940 (06/01/01)
- 5 DE Reg. 270 (09/01/01)
- 6 DE Reg. 270 (09/01/02)
- 7 DE Reg. 36 (07/01/03)
- 8 DE Reg. 1586 (05/01/05)
- 9 DE Reg. 1766 (05/01/06)
- 10 DE Reg. 146 (07/01/06)
- 11 DE Reg. 348 (09/01/07)
- 14 DE Reg. 268 (10/01/10)
- 14 DE Reg. 1396 (06/01/11)
- 16 DE Reg. 96 (07/01/12)
- 18 DE Reg. 579 (01/01/15)
- 20 DE Reg. 186 (09/01/16)
- 21 DE Reg. 902 (05/01/18)
1000 Board of Pilot Commissioners
24 Del. Admin. Code § 1000-1.0 Delaware licensed Bay and River Pilots are required to be familiar with the 23 Del.C. Ch. 1. Pilots §100 through 138.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-2.0 Original License
2.1 An examination shall be given to apprentices upon completion of their apprenticeship to determine their qualifications for licenses. The written examination shall be based on knowledge required to be learned by the apprentice during his/her apprenticeship.
2.2 No license shall be issued to any Pilot for any route for which he/she has not made required trips and passed required examination.
2.3 No original license will be issued for anything less than the route from entrance of Delaware Bay to Newbold Channel, and Chesapeake & Delaware Canal. All these licenses must be maintained through your pilot career.
2.4 The Board of Pilot Commissioners shall issue endorsements for any tributaries of the Bay and River Delaware to any Delaware licensed Pilot who has passed examination for same.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-3.0 To Raise License
Fourth Class Pilots shall demonstrate their knowledge to the Commission of their thorough understanding of vessel "squat" and other deep vessel handling characteristics prior to being licensed as a Third Class Pilot.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-4.0 Renewal of License
The renewal date for Pilot Licenses is November 30, or the date determined by the Division of Professional Regulation, to comply with 23 Del.C. §115.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-5.0 All Delaware Licensed Pilots must:
5.1 Maintain all licenses they have in hand as of 5 May 1986 throughout the remainder of their Pilot career.
5.2 Hold a valid radar certificate. ARPA certification is also required.
5.3 Provide a copy of all licenses and certificates to the Commission Secretary.
5.4 Notify the Commission Secretary on the form provided each Pilot that the "Rules of the Nautical Road" have been read.
5.5 Any pilot who fails to exercise his or her profession for any consecutive 90-day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only after he or she has made refresher trips as outlined in this regulation. Refresher trips shall be made in the company of a first class pilot.
5.5.1 A pilot who fails to exercise his or her profession for 90 to 119 days must complete one round trip at least one ship of which shall be to or from at least Packer Avenue Marine Terminal.
5.5.2 A pilot who fails to exercise his or her profession for 120 to 149 days must complete two round trips at least one ship of which shall be to or from at least Packer Avenue Marine Terminal.
5.5.3 A pilot who fails to exercise his or her profession for 150 to 179 days must complete three round trips at least one ship of which shall be to or from at least Packer Avenue Marine Terminal and at least one ship of which shall be a westbound transit through the C&D Canal to Chesapeake City.
5.5.3.1 A pilot on the active Special Duty list who fails to exercise his or her profession for 150 to 179 days must complete one up river Special Duty transit as part of the three round trips.
5.5.4 A pilot who fails to exercise his or her profession for 180 days or more shall address the Board to determine refreshers required to assure he or she is fully familiar with the conditions along the route.
5.6 Attend at least (40) hours of approved education every five (5) years. The course or courses of study shall total not less than 40 hours of formal training on subjects relating to navigation and piloting. All such courses may be taken at an approved education facility. The Board of Pilot Commissioners shall approve all courses before enrollment.
5.6.1 The courses listed here are now approved by the Board and will continue to be approved until further notice:
Ship Handling, Port Revel
Centre De Port Revel
38136 St. Pierre de Bressieux
France
Maritime Institute of Technology
5700 Hammonds Ferry Road
Linthicum Heights, MD 21090
SCI Maritime Training
241 Water Street
New York, NY 1003 8
South Hampton Institute
Newtown Road, Warsash Hampshire
England
Star Center Simulation Training Assessment & Research (STAR) Center
2 West Dixie Highway
Dania Beach, FL 33004
Mid-Atlantic Maritime Academy
Virginia Beach, VA
5.7 Attend and complete at least once every five (5) years a Bridge Resource Management ("BRM") course recommended and approved by this Board or by the American Pilots Association. Classroom or simulator hours spent in attendance at a BRM course will count towards satisfaction of the requirement of subparagraph "E", above. All licensed pilots shall have passed and approved BRM course prior to I July 1997.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-6.0 Pilots must pass a designated physical examination every year before their date of license renewal. Results of the examination shall be reported on the form approved by the Board. Examinations may also be ordered by the Board for any Pilot at any time for any cause. In addition, each Pilot shall report to the Commission concerning the Pilot’s request for a waiver from the United States Coast Guard for any medical condition, as permitted by Federal regulation, as well as the results of any such waiver request. The initial report to the Commission shall be made at the same time that the waiver request is made to the Coast Guard, and a copy of the Coast Guard’s decision on the waiver request shall be provided to the Commission within five business days of the Pilot’s receipt of the waiver decision.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-7.0 In order to be granted a license renewal, any Pilot licensed by this Commission is and shall be required:
7.1 To have rendered pilotage service to not less than 52 vessels in the course of the year preceding the year for which the renewal of such license is sought; and
7.2 To furnish to this Commission, in writing, not later than the time when application is made to this Commission for the renewal of such license, a list of all pilotages, during the period of the license whose renewal is sought, giving:
7.2.1 The name of the vessel.
7.2.2 The date of pilotage.
7.3 Provided however, that this requirement shall be proportionally reduced in number, or eliminated, upon presentation of proof in form and substance satisfactory to the Commission, that during the year about to be concluded, the applicant for renewal was engaged in administrative duties connected with pilotage on the Bay and River Delaware, or was duly assigned and engaged in administrative assignments for the benefit of said pilotage, or was temporarily disabled from the performance of this duties as a Pilot or other reason deemed satisfactory to the Commission.
7.4 In the event that the requirement for 52 pilotages is reduced or eliminated to the satisfaction of the Commission, a number of refresher trips may be required before renewal is granted.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-8.0 Docking, Undocking, and Anchoring of Vessels
8.1 When a vessel is docking or anchoring, a Delaware licensed pilot shall remain on the bridge, attentive to duty, until the vessel has at least one ship's line secure to the dock, or until the vessel is anchored properly and firmly within a designated anchorage area.
8.2 Nonetheless, nothing in these Rules shall prevent the Master of a vessel from employing the services of a docking master.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-9.0 Casualty Reports
9.1 It shall be the personal responsibility of all Pilots licensed by this Commission to make reports of all casualties, collisions, groundings, etc. These reports shall be made to the Division of Professional Regulation's Chief Investigator, with a copy sent to the Commission's liaison to the Investigator. All such reports must be made within five days of the occurrence, except that any marine casualty involving oil spillage, pollution, or death must also be reported by telephone, facsimile transmission, or telegram to the Investigator and Commission liaison within twenty-four hours of the occurrence, to be followed thereafter by the written report. Failure to make such reports within the required time frame may result in disciplinary proceedings.
9.2 Pilots licensed by this Commission are also required to furnish the Investigator and Commission liaison with a copy of all written reports the pilot makes to the U.S. Coast Guard relating to any occurrence through the pilot's licensed route of all casualties, collisions, or groundings. These pilots must provide the Investigator and the Commission liaison with copies of any Coast Guard findings based on these reports.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-10.0 Commission Recommendations
It is suggested that, in the event any of the Pilots licensed by this Commission consider it unwise for a ship which he has boarded to get under way or leave a dock either due to weather or tide conditions, and the master of the ship insists on getting under way, the Pilot should refuse to assume his duties until such a time as it is in his opinion safe to proceed.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-11.0 Offshore Trip Experience Requirement for Second Class Pilots
Under the provisions of 23 Del.C. §113(b), no person shall be eligible for licensure as a first class pilot by this Board, until that person has served at least one year in each of the lower classes.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-12.0 Service Requirement for Advancement from License Class to a Higher License Class
12.1 Under 23 Del.C. §113(b), a licensed pilot must serve at least one year in each of the previous lower pilot license classifications before the pilot is entitled to a first class license, permitting the pilot to provide pilotage services for “ships or vessels of any practical draft of water.” 23 Del.C. §112(1). Using the plain meaning rule of legislative interpretation, the term “serve” as used in Section 113(b) means to actively engage in the pilot profession during a full one-year term, and not merely to hold a current license for twelve months.
12.2 For example, if a pilot is unavailable for pilotage assignments during a one-year term, the total time for which the pilot was unavailable shall not be counted toward the one-year requirement. This circumstance will then affect the pilot’s license renewal date, at the completion of the total one-year term.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
24 Del. Admin. Code § 1000-13.0 Applications for Licensure
13.1 When notice is received that apprentices are needed, the following procedure will be implemented. The Board will schedule a special meeting within 30 days to begin the application process. The purpose of this meeting is to approve the application packets, determine the deadline for submission, and approve the interview questions.
13.2 The application process will begin with a posting of a notice on the Division of Professional Regulation's website. Application packets will be made available in this manner as well at the time the application process begins.
13.2.1 A completed application packet will include all of the following:
13.2.1.1 An application form.
13.2.1.2 A supplemental questionnaire inquiring as to relevant training and experience, and conflict management.
13.2.1.3 The fee set by the Division.
13.2.2 Proof of age is required in the form of a photocopy of a current driver's license from any state, passport, or birth certificate.
13.2.3 Proof of a baccalaureate degree from either a recognized and certified college or university or maritime academy operated by the United States or any State must be sent directly from the degree-granting institution to the Division of Professional regulation or submitted in a school-sealed envelope from the school.
13.2.4 Proof of a U.S. Coast Guard-issued license is required in the form of a photocopy of the applicant's current license.
13.2.5 Certificates of good standing are required from every jurisdiction where an applicant is or has been licensed as a river pilot. These certificates must be sent directly to the Division from each jurisdiction where an applicant is or has been licensed.
13.2.6 Only those application packets that are fully completed by the deadline for submission will be considered.
13.3 Completed application packets will be reviewed by the Board after the deadline for submission has passed. At the time of this review, the application packets will have all identifying information redacted by the Division, so the applicants remain unknown to the Board. The Board will select those applicants that should move forward in the selection process. The Board will also determine the number of "alternates" it will ultimately select at this stage of the review.
13.4 Those applicants selected to move forward in the selection process will then have their personally identifiable information and supplemental questionnaires reviewed by the Board. Based on its review of the complete application packet, the Board will select those applicants it wishes to interview. No applicant will be selected for an interview without obtaining at least the vote of four Board members.
13.5 Interviews will be conducted by the Board, or at least four of its members, at the Board's convenience. Telephone or teleconference video interviews will be permitted. All applicants who are interviewed will be asked all of the Board approved interview questions.
13.6 Following the interviews, the Board will select those applicants who will be licensed. This number is as determined by the Pilot's Association. The Board will also select the "alternates" in whatever number the Board previously determined. Offers of licensure will be communicated to the applicants selected by the Division. If an offer of licensure is not accepted by an applicant, an offer will be made to one of the alternates. This process will proceed until the Board has confirmed acceptance from the number of applicants the Pilot's Association determined should be licensed.
History
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 20 DE Reg. 300 (10/01/16)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 17 DE Reg. 238 (09/01/14)
- 6 DE Reg. 635 (11/01/02)
- 13 DE Reg. 503 (10/01/09)
- 13 DE Reg. 946 (01/01/10)
- 17 DE Reg. 238 (09/01/14)
- 20 DE Reg. 300 (10/01/16)
- 21 DE Reg. 583 (01/01/18)
1400 Board of Electrical Examiners
24 Del. Admin. Code § 1400-1.0 License Required
1.1 To perform “electrical services” or “electrical work” means to perform, maintain, troubleshoot or supervise any electrical work covered by the National Electrical Code (“NEC”) as adopted by the Delaware State Fire Prevention Commission which may include but is not limited to the installation, erection, or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device, or fixture for the purpose of lighting, heating, or power in or on any structure or for elevators, swimming pools, hot tubs, electric signs, air conditioning, heating, refrigeration, oil burners, solar electrical work, generators, windmills, and overhead and underground primary distribution systems.
1.2 A licensee under this chapter shall perform all electrical services or electrical work in accordance with the standards established in the NEC as adopted by the Delaware Fire Prevention Commission and in any applicable local building code. The version of the NEC applicable to a particular project is determined by the Delaware Fire Prevention Commission.
1.3 Every individual who receives a license except journeyperson, residential, and apprentice electricians shall prominently display the words “Licensed Electrician” and the license number on the exterior of all vehicles used for work in not less than 3-inch letters and numbers. This section is satisfied by any abbreviation readily understood to mean “Licensed Electrician” such as “Lic. Elec.” along with the license number.
1.4 Solar Electrical Services means to install, erect, repair any electrical conductor, duct, conduit, or array which is used for grounding and bonding of the array or any part thereof, which generate, transmit, transform, disconnect, or utilize electrical energy in any form or for any purpose.
1.5 Licensees shall notify the Board of a change of address. Change of address notifications shall be sent by certified mail within 60 days of date the address change.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-2.0 Applications
2.1 Applications may be obtained on the Division of Professional Regulation (“Division”) website. Applications must be made in the name of the individual, not a company. The Board shall approve the application form to ensure that it contains all of the information necessary to satisfy the statutory requirements for licensure.
2.2 Applications which are incomplete shall be retained for 1 year to allow an applicant the opportunity to supplement the application. After 1 year, incomplete applications are destroyed. Thereafter, an applicant must resubmit a new application with the appropriate fee.
2.3 Applications approved for testing will be valid for 2 years from the date approved for examination. If the test is not taken, the application is destroyed. Thereafter, an applicant must resubmit a current application with the appropriate fee.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-3.0 Qualifications
3.1 An applicant shall submit proof of qualifications verified by affidavit on a form approved by the Board. Proof of experience requires an affidavit from the supervising licensed electrician describing the nature of the experience. If an applicant cannot obtain the required affidavit from the supervising licensed electrician, W‑2 tax forms showing full‑time employment may be substituted at the discretion of the Board. The required experience and training must be completed prior to taking the licensure exam.
3.2 Applicants relying on military training and experience must submit official documentation from the supervising officials showing type and approximate hours of work experience. Other official military documentation that reliably verifies military training and experience may be accepted at the discretion of the Board when supervisory officials are not available or cannot be located.
3.3 The requirement of 2 years of technical training under 24 Del.C. §1408 (a)(1)(c) can be met by successful completion of 2 years of technical training related to electrical technology in a vocational/technical high school or by completion of 48 credit hours in technical training related to electrical technology at an accredited post-secondary school.
3.4 The experience necessary under 24 Del.C. §1408 to qualify for a particular license must relate to the activity authorized by such a license as defined in 24 Del.C. §1402(1), (10), (12) - (15), and (17).
3.4.1 Because the full scope of a journeyperson electrician's training includes experience in commercial and industrial electrical applications, at least 4,000 of the 8,000 hours of full-time experience performing electrical work required by 24 Del.C. §1408(a)(5)(b)(2) must be under the supervision of a licensed master electrician.
3.4.2 4,000 hours of full-time experience as an apprentice electrician under the supervision of a limited electrician may be applied to the experience for the journeyperson electrician license required by 24 Del.C. §1408(a)(5)(b)(2).
3.4.3 6,000 hours of full-time experience as an apprentice electrician under the supervision of either a limited electrician or a master electrician may be applied to the requirement of 6,000 hours for a limited electrician license required by 24 Del.C. §1408(a)(2).
3.4.4 The limited electrician license may be applied as 4,000 hours toward the requirements for a journeyperson license (24 Del.C. §1408(a)(5)(b)(2)) or master electrician license (24 Del.C. §1408(a)(1)(b)). A limited electrician may gain the additional required experience on commercial and industrial work under the supervision of a master electrician. The limited electrician will not be permitted to supervise apprentice electricians or journeyperson electricians on commercial or industrial work.
3.4.5 Any full-time experience as an apprentice electrician gained under the supervision of an electrician holding a specialty license under 24 Del.C. §1408(a)(3) or (a)(4) may only be applied to the specific specialty license type.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-4.0 Examinations
As a condition of licensure, applicants shall obtain a grade of 75% on the Division-approved test. Only the NEC Book can be used during the test as a reference. Applicants should submit a completed application with all necessary credentials for Board approval at least 45 days before the test is given. If the credentials have been approved, a license may issue from the Division upon proof of obtaining a passing score on the test, proof of insurance (in accordance with subsection 6.1), and payment of the fee as provided herein. A member of the Board may attend the examination. All scores will be presented to the Board at the first meeting after the examination results are available. The roster of persons qualified for licensure will appear in the minutes.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-5.0 [Reserved]
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-6.0 License and Insurance
6.1 Licensees with the exception of journeyperson, residential, and apprentice electricians shall maintain general liability insurance of at least $300,000. Proof of insurance must be submitted with licensure applications and maintenance of the required insurance during the licensure period shall be attested to in the course of each licensure renewal.
6.2 The insurance requirement is satisfied for a licensee who is performing work as an employee as long as the employer is insured for the risk on the work performed as required under these regulations. A licensee who also works independently from the licensee's employer must maintain separate insurance for that risk as provided under these regulations.
6.3 Master and Limited Special Elevator Electricians do not need general liability insurance if the licensee’s employer has general liability insurance. Elevator applicants and licensees agree to work only for an elevator company who maintains a general liability insurance policy for all of its employees, in the minimum amount of $300,000.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-7.0 Expiration and Renewal
7.1 The licenses granted by the Board must be renewed by June 30 of each even numbered year, otherwise, they expire as of July 1.
7.2 Renewal. It is the responsibility of the licensee to file a renewal application with the Board. The Board is not required to notify licensees of expiration dates. Renewal may be accomplished online at https://www.dpr.delaware.gov.
7.2.1 Renewal applications will be randomly audited by the Board to ensure their accuracy. Licensees selected for random audit will be notified of that selection within 60 days after the renewal deadline. Licensees must then submit the documentation requested by the date indicated on the audit notice.
7.2.2 As a condition of renewal, applicants must attest to completion of continuing education (CE) as required by Section 8.0 and must also attest to maintenance of the liability insurance required by Section 6.0. Attestation shall be completed electronically. Licensees selected for random audit will be required to supplement their attestations with documentation of CE attendance and maintenance of insurance both at the time of renewal and during the biennial period that is the subject of the audit.
7.2.3 As a condition to renewal, apprentice electricians who have not completed an apprentice or residential apprentice program must attest to satisfactory compliance with progress toward the completion of an apprentice or residential apprentice program with the stated goal of attaining a journeyperson electrician license under 24 Del.C. §1408(a)(5) or a residential electrician license under 24 Del.C. §1408(a)(6). Apprentice electricians who have not completed an apprentice or residential apprentice program who are registered with the Delaware Department of Labor ("DOL") shall be considered in compliance with these requirements unless the Board is notified otherwise by the DOL.
7.2.3.1 For those apprentice electricians who have not completed an apprentice or residential apprentice program and who are not registered with the DOL, compliance with progress toward the completion of an apprentice or residential apprentice program is considered the completion of the number of hours of related classroom instruction and number of hours of practical experience relative to the amount of time the apprentice electrician has been working. The standard for compliance for an apprentice program is 144 hours of classroom instruction per each of the 4 years of the apprentice program and 2,000 hours of on-the-job training per each year for the total requirement of 8,000 hours.
7.2.3.1.1 Compliance with subsection 8.4 regarding continuing education shall satisfy the apprentice electrician's classroom educational requirements.
7.2.3.1.2 Upon license renewal, apprentice who have not completed an apprentice or residential apprentice program and who are not registered with the DOL must attest to the compliance with the job-related training requirements.
7.2.3.2 An apprentice electrician who has not completed an apprentice or residential apprentice program and who does not, without good cause, maintain progress toward the completion of the apprentice or residential apprentice program may have their license terminated.
7.3 A licensee may renew an expired license within 1 year after the renewal deadline by meeting all requirements and paying a late fee set by the Division. All late renewals will be audited for compliance with the CE and insurance renewal requirements.
7.4 A licensed electrical inspection agency may renew an expired license within 45 days after the renewal deadline by meeting all requirements and paying a late fee set by the Division.
7.5 A licensee with an active license may request in writing to be placed on inactive status. Inactive status can be renewed electronically on a biennial basis by attestation of completing the required CE for licensure. Inactive licenses may be reactivated by the Board upon written request with proof of insurance (as required in accordance with Section 6.0) and payment of the appropriate fee set by the Division.
7.6 A licensee is not authorized to work as a licensed electrician in Delaware during the period of inactive status.
7.7 An individual whose license has expired for more than 1 year must reapply as a new applicant. Any prior training and experience can be used to satisfy the requirements under 24 Del.C. §1408(a). However, the applicant must take the examination required by 24 Del.C. §1408(5) and achieve a passing score unless the applicant previously passed an approved licensure test that covered the NEC that is the standard in Delaware at the time of the new application.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-8.0 Continuing Education
8.1 CE is required of all licensees and shall be completed by June 30 of any year in which a license is to be renewed. Extra continuing education hours do not carry over to the next licensing period. Licensees will only get CE credit for their first attendance of CE courses during each licensing period. Licensees may retake a CE course in the same licensing period but will not receive additional CE credit.
8.2 Courses must be approved by the Board to qualify as CE. Approved courses appear on the website of the Division at https://www.dpr.delaware.gov. Licensees may also contact the Administrative Specialist of the Board at the Division to determine whether a course has been approved.
8.2.1 Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to providing electrical services.
8.2.2 Sponsors or licensees can obtain Board approval of courses at any time by completing a form approved by the Board and including a course outline with the number of classroom hours showing breakdown of time allotted for each part of course content, the curriculum vitae or resume of the instructor and the appropriate fee set by the Division. The completed application will be presented for review at the next regularly scheduled Board meeting.
8.2.3 Sponsors or licensees seeking pre-approval should submit the request as provided in subsection 8.2.2 at least 60 days before the CE course is being offered.
8.2.4 Approval of CE automatically expires on September 1, 2002 and every 3 years thereafter on each September 1. A sponsor or licensee must reapply for approval as provided in subsection 8.2.2.
8.3 Licensees shall complete 10 hours of approved CE during each renewal period. Beginning with the licensee’s second renewal, 5 of the 10 CE hours required for renewal must be related to the NEC. The following exceptions apply:
8.3.1 A person licensed less than 1 year does not need to complete CE at the first renewal.
8.3.2 A person licensed 1 year but less than 2 years must submit 5 CE hours at the first renewal.
8.3.3 NEC-related course preparation and presentation by a licensed master electrician may be counted toward that individual's CE requirements for the licensure period during which it was presented in the number of hours for which the course is approved by the Board.
8.3.4 Board members in good standing who are licensed electricians may claim 5 non-NEC hours toward that individual's CE requirements each licensure period.
8.4 Journeyperson, residential, and apprentice electricians shall complete 5 hours of Board approved CE related to the NEC during each renewal period with the following exceptions – a person licensed less than 1 year does not need to complete CE at the first renewal; a person licensed 1 year but less than 2 years must submit 2 CE hours at the first renewal. Apprentice training (proof of enrollment in a Board approved apprenticeship program) will count towards CE hours during that licensure period.
8.5 The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board’s review of a written request with supporting documentation of hardship.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-9.0 Loss of License Holder
9.1 A procedure permitting temporary practice after loss of a licensee to avoid business interruption is provided in 24 Del.C. §1418 and is necessary only where there is no currently employed licensee to assume the duties of the former license holder.
9.2 The notification must include documentation of the business relationship with the former license holder.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-10.0 Exceptions
10.1 No license is required for performing electrical work by the following persons or entities:
10.1.1 Any of the following individuals working in a manufacturing or industrial facility:
10.1.1.1 An electrical engineer who is recognized by their company as the person responsible for facility repairs, maintenance, or electrical additions, and who is registered with the Board, or a professional electrical engineer who is registered with the Board and who is licensed and listed on the Delaware Association of Professional Engineers;
10.1.1.2 An electrical engineer or electrical engineering technician, recognized by the manufacturing or industrial company as qualified, working in a laboratory environment conducting basic research and development;
10.1.1.3 An "in-house" electrical engineer, electrical engineering technician, or other person conducting research and development building and testing a custom panel designed by the company and not commercially available, provided that such exception shall not extend to the permanent installation of the equipment;
10.1.1.4 For purposes of subsection 10.1.1, the phrase “registered with the Board” shall require the engineer to provide the Board with a written document briefly explaining the nature of the electrician’s responsibilities. In addition, the registering engineer shall provide evidence satisfactory to the Board which demonstrates competency to properly supervise journeyperson electricians.
10.1.2 The Department of Transportation, or a contractor, for work performed by or under the supervision of the Department of Transportation for the installation, erection, construction, reconstruction, or maintenance of drawbridges and traffic control devices.
10.1.3 Persons working beyond the main breaker or fuse of 200 amps or less in a structure used exclusively for agriculture.
10.1.4 Persons performing the work of any light or power company, electric or steam railway company, telegraph, high voltage certified testing agency or telephone company when the work is part of the plant or service used in rendering authorized service to the public such as power delivery by an electric company. This exception ends at the point of service, termination box, or demarcation point.
10.1.5 A homeowner who has obtained a homeowner’s permit provided by law.
10.1.6 A communication and low voltage contractor that installs, services, and maintains all types of communication and low voltage systems which are energy limited. These systems include telephone systems, sound systems, cable television systems, closed circuit video systems, satellite dish antennas, instrumentation and temperature controls, low voltage landscape lighting, directional boring, networking systems, communication systems, and security and burglar systems. Low voltage fire alarm systems are specifically not included in this section.
10.1.7 Fire Alarm Signaling Licensees issued by the Office of the State Fire Marshal.
10.1.8 Persons working for the organization Habitat for Humanity or on USDA Rural Development Self Help Housing Projects. The work still needs to be inspected by a licensed electrician.
10.1.9 Factory trained, authorized, and employed representatives; provided such persons do only maintenance, start up, commissioning, and repair work directly on their factory manufactured equipment and may not supervise non-licensees as part of such work.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-11.0 Reciprocity
11.1 An applicant for licensure by reciprocity shall complete an application approved by the Board and as required by 24 Del.C. §1409(a) present proof of current licensure in good standing to the Board from the licensing agencies of all jurisdictions where the applicant is or has been licensed. A license is not a current license if it is inactive, has lapsed, has expired, has been suspended, or has been revoked. An applicant for licensure under this provision must submit to the Board a copy of reciprocal state’s current licensure requirements.
11.2 If the reciprocal state’s requirements are not substantially similar to those of this State, as determined by the Board, the applicant shall submit proof of practice under the submitted current license for at least 5 years after licensure. Proof of practice requires an employer’s affidavit describing the nature of the applicant’s experience. If an applicant cannot obtain an affidavit from the employer, W‑2 forms or other tax documents showing 5 years full‑time employment may be substituted at the discretion of the Board.
11.3 A reciprocal state's requirements for master electrician will be deemed substantially similar to those of this State under 24 Del.C. §1409(a)-(b) if that state requires, at a minimum:
11.3.1 6 years full-time experience under supervision of a licensed master;
11.3.2 Passing the NEC Exam recognized by the Board;
11.3.3 Proof of 5 hours continuing education based on the NEC; and
11.3.4 Inspection of electrical work by qualified inspectors as defined by 24 Del.C. §1421 and subsection 15.3 of this regulation.
11.4 A reciprocal state's requirements for journeyperson electrician will be deemed substantially similar to those of this State under 24 Del.C. §1409(a)-(b) if that state requires, at a minimum:
11.4.1 4 years full-time experience under supervision of a licensed master electrician;
11.4.2 Passing a licensing test administered by a Board recognized testing entity; and
11.4.3 Proof of 5 hours continuing education based on the National Electric Code as adopted by the Delaware State Fire Prevention Commission.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-12.0 Required Inspection.
12.1 Every licensee, except journeyperson, residential, and apprentice electricians, shall file an application for an inspection by a licensed inspection agency no later than 5 working days after the commencement of electrical work. The inspection agency shall perform an inspection no later than 5 working days after the inspection has been requested. It shall be beyond the scope of a journeyperson, residential, or apprentice electrician to file for an inspection for electrical work.
12.2 An application for an inspection shall be filed with the inspection agency on a form, signed by the licensee, or person authorized under subsections 12.7, 12.8, or 12.9, containing at least the following information:
12.2.1 Full names of the licensee and any job foreman
12.2.2 License number, type (T-1, T-2, or Specialty) and expiration date
12.2.3 Date inspection requested
12.2.4 Location of work to be inspected
12.2.5 Permit numbers, if applicable
12.2.6 Applicant’s name and contact information, if other than the licensee
12.2.7 A detailed description of the work to be inspected including any devices or equipment
12.2.8 Signature of the licensee
12.3 A licensee who signs an application for inspection form is deemed to have authorized and shall be responsible for the work described in the form.
12.4 An inspection agency shall not conduct an inspection of work performed until it has received a request made in compliance with subsection 12.2.
12.5 An inspection agency is responsible to ensure that the standards for its inspection are those established in the NEC as adopted by the Delaware Fire Commission and in any applicable local building code. The version of the NEC applicable to a particular project is determined by the Delaware Fire Commission.
12.6 An inspection report shall be recorded legibly on a form containing at least the following information:
12.6.1 Full name of the licensee
12.6.2 License number, type (T-1, T-2, or Specialty) and expiration date
12.6.3 Location of work to be inspected
12.6.4 Permit numbers
12.6.5 Inspector’s full name
12.6.6 A detailed description of the work inspected
12.6.7 Deficiencies noted, any applicable NEC section, and inspection dates
12.6.8 Signature of inspector
12.6.9 Date inspection completed.
12.7 Any professional engineer excepted from licensure shall at least annually file with the Board a certificate of inspection by a licensed inspection agency and a letter stating that all repairs, maintenance, and additions to a manufacturing or industrial plant meet the Standards of the NEC. The annual inspection should include a representative sampling of the work performed by the authority of the responsible professional engineer.
12.8 Any person performing electrical work on agricultural structures excepted from licensure shall nevertheless obtain a certificate of inspection from a licensed inspection agency for new installations.
12.9 Any person authorized to perform work by a homeowner’s permit shall obtain a final inspection as provided in Section 12.0 by an inspection agency licensed by the Board.
12.10 Fire Alarm Signaling Licensees installing conductors covered under the licensing requirements of the Office of the State Fire Marshal shall nevertheless obtain a certificate of inspection from a licensed inspection agency for new installations prior to filing for a final inspection from the Office of the State Fire Marshal. This rule will be effective 12/31/2012.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-13.0 Organization of the Board
13.1 Election of Officers. Annually during the July meeting, the Board shall elect officers to serve for a 1-year term from September 1- August 31.
13.2 Duties of the Officers
13.2.1 President. The president shall preside at all meetings, designate subordinates when provided by law, sign correspondence on behalf of the Board, and perform other functions inherent in the position. In conducting meetings or hearings, the President may limit or exclude evidence as provided under the Administrative Procedures Act unless overruled by a majority of the Board.
13.2.2 Vice President. The Vice President assumes the duties and powers of the President when the President is unavailable.
13.2.3 Secretary. The Secretary assumes the duties and powers of the President when neither the President nor the Vice President is available.
13.2.4 Complaint officer. The complaint officer shall be a member who works with the investigator of the Division when complaints are investigated pursuant to 29 Del.C. §8807. The complaint officer shall report to the Board when complaints are closed and shall be recused from participating in disciplinary hearings involving matters that have been reviewed in the complaint officer's capacity.
13.2.5 Education officer. The education officer may review courses submitted for continuing education approval and makes recommendations to the Board.
13.3 Meeting Minutes. The minutes of each meeting are taken by the Administrative Specialist from the Division and approved by the Board.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-14.0 Homeowners Permits
14.1 The Division is authorized to issue homeowners’ permits pursuant to an application process approved by the Board. Only owner-occupants who perform the work themselves qualify for homeowners’ permits. The homeowner is required submit their plan for the work to be completed to 1 of the Board-approved Electrical Inspection Agencies for review and approval. The homeowner will then submit the approved plan to the Division with the homeowner's application for the Board's consideration.
14.2 Homeowners’ permits are required for new construction, renovation, and any work that requires a building permit. Generally, homeowners’ permits are not required for replacement in kind.
14.3 A homeowner shall not be permitted to install the homeowner’s own internal wiring, electrical work or equipment associated with a hot tub or a swimming pool.
14.4 A homeowner’s permit issued for a mobile home on a leased lot authorizes feeder installation for the mobile home itself and it does not include the installation or repair of service equipment.
14.5 A homeowner’s permit is not authorized until a dwelling is on the site or under construction.
14.6 For the purposes of this section, evidence of homeownership can be a:
14.6.1 Deed to the property;
14.6.2 A long term lease, e.g. 99 years, if the site of the dwelling is part of a community where title to the land is not conveyed by deed to the homeowner.
14.6.3 The title to a mobile home;
14.6.4 A written contract of sale, signed by the parties, for a mobile home that includes the names of the buyer, seller, contract price, date of sale, and identification number of the mobile home.
14.7 If a homeowner’s permit is approved for a 1-family dwelling unit on a lot, other non-commercial structures on the same lot, such as a non-commercial garage, are also covered unless otherwise prohibited under this section.
14.8 Homeowner permits may only be issued for free standing non-commercial structures and 1-family dwelling units.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-15.0 Inspection agencies
15.1 Inspection agencies shall be licensed in accord with the provisions of 24 Del.C. §1421 to operate in Delaware. An application on a form approved by the Board must be filed at the Division. Licenses must be renewed annually on June 30 by completing the renewal form and paying the fee determined by the Division.
15.2 No inspection agency will be approved until it produces proof of general liability insurance in the amount of at least $1 million and errors and omissions insurance in the amount of at least $1 million.
15.3 Inspection agencies must submit, to the Division, the names of its employees who are inspectors and proof of compliance with the statutory requirements for inspectors. Inspectors must have 7 years of experience in residential, commercial, or industrial wiring. Proof of experience shall be submitted by affidavit of the named employer, a tax form W-2, or tax Schedule C. The experience requirement for an inspector employed by an approved inspection agency on July 20, 1999 is satisfied with 7 years of inspection experience. Each inspector shall also submit a passing score for the Electrical 1-family and 2-family dwelling and the Electrical General examinations within 18 months of employment and the Electrical Plan Review examination within 24 months of employment. For inspectors employed by the inspection agency on July 20, 1999, the time for taking said examinations shall run from the date these regulations become effective and not the date first employed.
15.4 An employee of an inspection agency shall confirm that the person who has filed for an inspection is a licensee under this chapter, a homeowner having a permit, or a person who has performed work allowed under an exception to licensure. Licensure verification is available online, free of charge at https://www.dpr.delaware.gov.
15.5 If a violation found in an inspection is not corrected within 15 days as provided in 24 Del.C. §1421(g), the inspection agency shall notify the Board in writing and include a copy of the notice of violation. The Division will send, on behalf of the Board, the notice of violation to the other inspection agencies and to any local building inspector having jurisdiction over the structure.
15.6 An inspection agency shall notify the Board in writing within 10 days when an employee leaves the agency or when a new employee is hired by the agency. This notification shall include the full name and address of the inspector. The date a new employee is hired by an inspection agency marks the beginning of the period in which the inspection examinations in subsection 15.3 must be successfully completed.
15.7 As used in 24 Del.C. §1421(j), “salary” means compensation of employees at a set figure with installments paid weekly, monthly, or other fixed period or compensation based on time worked, i.e. paid by the hour. Salary does not include compensation based on the number of inspections performed. Inspectors may not be compensated based on the number of inspections performed or given any other incentive to increase the speed at which they perform inspections.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-16.0 Voluntary Treatment Option For Chemically Dependent Or Impaired Professionals.
A voluntary treatment option is available for chemically dependent or impaired professionals as provided in 29 Del.C. §8807(n) who are reported to the Board or Division using the following procedures:
16.1 If the report is received by the president of the Board, that president shall immediately notify the Director of the Division or the Director's designate of the report. If the Director of the Division receives the report, the Director shall immediately notify the president of the Board, or that president’s designate or designates.
16.2 The president of the Board or that president’s designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform the individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give the individual the opportunity to enter the Voluntary Treatment Option.
16.3 In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board president or that president’s designate.
16.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board president or that president’s designate or designates or the Director of the Division or the Director’s designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director or the Director's designate and the president of the Board or that president’s designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director and the President of the Board.
16.5 Failure to cooperate fully with the Board president or that president’s designate or designates or the Director of the Division or the Director’s designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option and the Board president or that president’s designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in 29 Del.C. §8807(h).
16.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to the following provisions:
16.6.1 Entry of the regulated professional into a treatment program approved by the Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional’s progress.
16.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the president of the Board or to that president’s designate or designates or to the Director of the Division or the Director’s designate at such intervals as required by the president of the Board or that president’s designate or designates or the Director of the Division or the Director’s designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
16.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
16.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program. In addition, the Division may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this paragraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
16.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the Board’s president, or the Board president’s designate or designates or to the Director of the Division or the Director’s designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
16.7 The regulated professional’s records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional’s chemical dependency or impairment is an issue.
16.8 The Board’s president, the Board president's designate or designates, or the Director of the Division or the Director's designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
16.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
16.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
16.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and that person’s confidentiality shall be protected if the matter is handled in a non-disciplinary matter.
16.12 The confidentiality of any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall be protected.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
24 Del. Admin. Code § 1400-17.0 Crimes substantially related to work of an Electrician.
17.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the work of an electrician in the State of Delaware without regard to the place of conviction:
17.1.1 Menacing (felony). 11 Del.C. §602
17.1.2 Reckless endangering in the first degree. 11 Del.C. §604
17.1.3 Assault in the second degree.11 Del.C. §612
17.1.4 Assault in the first degree.11 Del.C. §613
17.1.5 Manslaughter. 11 Del.C. §632
17.1.6 Murder by abuse or neglect in the second degree. 11 Del.C. §633
17.1.7 Murder by abuse or neglect in the first degree. 11 Del.C. §634
17.1.8 Murder in the second degree. 11 Del.C. §635
17.1.9 Murder in the first degree. 11 Del.C. §636
17.1.10 Unlawful sexual contact in the second degree. 11 Del.C. §768
17.1.11 Unlawful sexual contact in the first degree. 11 Del.C. §769
17.1.12 Rape in the fourth degree. 11 Del.C. §770
17.1.13 Rape in the third degree. 11 Del.C. §771
17.1.14 Rape in the second degree. 11 Del.C. §772
17.1.15 Rape in the first degree. 11 Del.C. §773
17.1.16 Sex offender unlawful conduct against a child. 11 Del.C. §777A
17.1.17 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. 11 Del.C. §778
17.1.18 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree. 11 Del.C. §778A
17.1.19 Unlawful imprisonment in the first degree. 11 Del.C. §782
17.1.20 Kidnapping in the second degree. 11 Del.C. §783
17.1.21 Kidnapping in the first degree.11 Del.C. §783A
17.1.22 Arson in the second degree.11 Del.C. §802
17.1.23 Arson in the first degree.11 Del.C. §803
17.1.24 Burglary in the second degree.11 Del.C. §825
17.1.25 Burglary in the first degree.11 Del.C. §826
17.1.26 Home invasion. 11 Del.C. §826A
17.1.27 Robbery in the second degree. 11 Del.C. §831
17.1.28 Robbery in the first degree. 11 Del.C. §832
17.1.29 Carjacking in the second degree. 11 Del.C. §835
17.1.30 Carjacking in the first degree. 11 Del.C. §836
17.1.31 Theft; lost or mislaid property; mistaken delivery (felony). 11 Del.C. §842
17.1.32 Theft; false pretense (felony). 11 Del.C. §843
17.1.33 Extortion. 11 Del.C. §846
17.1.34 Theft of rented property (felony). 11 Del.C. §849
17.1.35 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices (felony). 11 Del.C. §850
17.1.36 Receiving stolen property. 11 Del.C. §851
17.1.37 Identity theft. 11 Del.C. §854
17.1.38 Forgery. 11 Del.C. §861
17.1.39 Issuing a false certificate. 11 Del.C. §878
17.1.40 Unlawful use of payment card. 11 Del.C. §903
17.1.41 Criminal impersonation of a police officer. 11 Del.C. §907B
17.1.42 Insurance fraud. 11 Del.C. §913
17.1.43 Home improvement fraud. 11 Del.C. §916
17.1.44 New home construction fraud. 11 Del.C. §917
17.1.45 Dealing in children. 11 Del.C. §1100A
17.1.46 Endangering the welfare of a child. 11 Del.C. §1102
17.1.47 Crime against a vulnerable adult. 11 Del.C. §1105
17.1.48 Possession of child pornography. 11 Del.C. §1111
17.1.49 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
17.1.50 Sexual solicitation of a child. 11 Del.C. §1112A
17.1.51 Sexual exploitation of a child. 11 Del.C. §1108
17.1.52 Unlawful dealing in child pornography. 11 Del.C. §1109
17.1.53 Perjury in the second degree. 11 Del.C. §1222
17.1.54 Perjury in the first degree. 11 Del.C. §1223
17.1.55 Hate crimes. 11 Del.C. §1304
17.1.56 Stalking. 11 Del.C. §1312
17.1.57 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338
17.1.58 Adulteration. 11 Del.C. §1339
17.1.59 Possession of a firearm during a felony. 11 Del.C. §1447
17.1.60 Theft of a firearm.11 Del.C. §1451
17.1.61 Breaking and entering, etc. to place or remove equipment. 11 Del.C. §2410
17.1.62 Unlicensed practice as an Electrician 24 Del.C. §1407
17.2 Crimes substantially related to the work of an electrician shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 7 DE Reg. 1167 (03/01/04)
- 9 DE Reg. 260 (08/01/05)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 11 DE Reg. 812 (12/01/07)
- 12 DE Reg. 73 (07/01/08)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 21 DE Reg. 903 (05/01/18)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 1252 (02/01/06)
- 10 DE Reg. 1329 (02/01/07)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 25 DE Reg. 962 (04/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 6 DE Reg. 1495 (05/01/03)
- 18 DE Reg. 704 (03/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 7 DE Reg. 1167 (03/01/04)
- 16 DE Reg. 648 (12/01/12)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 9 DE Reg. 260 (08/01/05)
- 19 DE Reg. 141 (08/01/15)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 19 DE Reg. 141 (08/01/15)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
- 28 DE Reg. 465 (12/01/24)
- 4 DE Reg. 1788 (05/01/01)
- 6 DE Reg. 1495 (05/01/03)
- 7 DE Reg. 1167 (03/01/04)
- 8 DE Reg. 998 (01/01/05)
- 10 DE Reg. 1329 (02/01/07)
- 12 DE Reg. 73 (07/01/08)
- 14 DE Reg. 1208 (05/01/11)
- 15 DE Reg. 370 (09/01/11)
- 16 DE Reg. 648 (12/01/12)
- 18 DE Reg. 704 (03/01/15)
- 19 DE Reg. 141 (08/01/15)
- 20 DE Reg. 911 (05/01/17)
- 21 DE Reg. 903 (05/01/18)
- 25 DE Reg. 962 (04/01/22)
- 26 DE Reg. 491 (12/01/22)
- 27 DE Reg. 885 (05/01/24)
- 28 DE Reg. 465 (12/01/24)
1600 Commission on Adult Entertainment Establishment
24 Del. Admin. Code § 1600 Commission on Adult Entertainment Establishment
Division of Professional Regulation
1600 Commission on Adult Entertainment Establishments
1.0 Sanctions for Violations
1.1 Pursuant to 24 Del.C. §1618(c), the Commission may, following a hearing, impose civil fines and/or license suspensions for violations of the following statutes:
1.1.1 24 Del.C. §1608
1.1.2 24 Del.C. §1610
1.1.3 24 Del.C. §1611
1.1.4 24 Del.C. §1617
1.1.5 24 Del.C. §1622
1.1.6 24 Del.C. §1629
1.2 The Commission may, in its discretion, impose fines of no less than $250.00 and no more than $1000.00 and/or license suspensions of no less than one (1) day and no more than sixty (60) days for each violation of the laws set forth at Rule 1.1.
1.3 If a penalty imposed by the Commission, pursuant to this rule, is not complied with pursuant to the terms of the Commission’s Order, the Commission shall convene a hearing for the licensee to show cause why the license should not be revoked and/or additional penalties imposed.
1.4 Nothing in this rule shall prohibit the Commission from imposing a license revocation in lieu of or in addition to any penalty established under this rule, if license revocation is a penalty authorized by statute for the specific offense(s).
2.0 Adult Oriented Retail Establishments
The Commission has determined that as used in 24 Del.C. §1602(3) the term "substantial portion" means fifty percent (50%) or more of the (i) retail floor space open to the public; or (ii) gross receipts earned by the retail establishment.
14 DE Reg. 674 (01/01/11)
1725 Polysomnography Advisory Council
24 Del. Admin. Code § 1725-1.0 Purpose
The purpose of these regulations is to establish minimal standards of education, experience and examination for professional polysomnographers to ensure licensees practice with reasonable skill and safety in order to protect the health of the public while broadening access to competent, professional polysomnography services.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-2.0 Definitions
“Board” means Delaware Board of Medical Licensure and Discipline.
“Council” means the Polysomnography Advisory Council of the Board of Medical Licensure and Discipline.
“Out of Center Sleep Testing” means analyzing and scoring polysomnographic data collected outside of a sleep center for the purposes of assisting a licensed medical doctor in the diagnosis and treatment of sleep and wake disorders. Out of Center Sleep Testing includes remote monitoring as well as Home Sleep Testing.
“Polysomnographer” means a professional duly licensed by the Delaware Polysomnography Advisory Council of the Board of Medical Licensure and Discipline.
"Supervisor" means a licensed polysomnographer or a licensed respiratory care practitioner with one of the following credentials: Sleep Disorder Specialist (SDS); Registered Polysomnographic Technologist (RPSGT); or Certified Polysomnographic Technician (CPSGT).
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-3.0 Standards of Practice for the Polysomnographer
3.1 The polysomnographer shall conduct and document polysomnography assessments of individuals and groups by various appropriate means including but not limited to the following:
3.1.1 Collecting objective and subjective data from observations, examinations, physiologic tests, interviews and written records in an accurate and timely manner;
3.1.2 Sorting, selecting, reporting, and recording the data;
3.1.3 Analyzing data;
3.1.4 Validating, refining and modifying the data by using available resources including interactions with the patient, family, and health team members;
3.1.5 Evaluating data.
3.2 Polysomnographers shall establish and document data that serves as the basis for the strategy of care.
3.3 Polysomnographers may develop strategies of care such as a treatment plan.
3.4 Polysomnographers may participate under the direction and supervision of a physician in the implementation of patient care.
3.5 The practice of polysomnography may occur in a hospital setting, independent sleep laboratory, and includes out of center sleep testing.
3.6 The practice of polysomnography shall be deemed to be occurring where the patient is located.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-4.0 Standards Related to the Polysomnographer’s Competence and Responsibilities
4.1 Polysomnographers shall:
4.1.1 Have knowledge of the statutes and regulations governing the practice of polysomnography;
4.1.2 Accept responsibility for competent practice of polysomnography;
4.1.3 Function as a member of a health care team by collaborating with other members of the team to provide appropriate care;
4.1.4 Consult with polysomnographers and others and seek guidance as necessary;
4.1.5 Obtain instruction and supervision as necessary when implementing polysomnography techniques;
4.1.6 Contribute to the formulation, interpretation, implementation and evaluation of objectives and policies related to the practice of polysomnography within the employment setting;
4.1.7 Report unsafe polysomnography practice or conditions to the Council or other authorities, as appropriate;
4.1.8 Practice without unlawful discrimination as to age, race, religion, sex, national origin or disability;
4.1.9 Respect the dignity and rights of patients regardless of social or economic status, personal attributes or nature of health problems;
4.1.10 Respect patients’ right-to-privacy by protecting confidentiality unless obligated by law to disclose the information;
4.1.11 Respect the property of patients and their families;
4.1.12 Teach safe polysomnography practice to other health care workers as appropriate.
4.2 Polysomnographers must provide the Division of Professional Regulation his/her current home mailing address. Any change in home mailing address must be reported to the Division within ten days of such change. All notifications and correspondence pertaining to a polysomnographer’s license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current home mailing address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-5.0 Disciplinary Proceedings
5.1 The license of a polysomnographer found to have committed unprofessional conduct may be subject to revocation, suspension, probation, denial, non-renewal, fine, censure, or a letter of reprimand.
5.2 Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, dishonesty or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare including, without limitation, the following:
5.2.1 Performing acts beyond the scope of authorized practice by a polysomnographer to include violations of 24 Del.C. §1799AA et seq. or of these regulations;
5.2.2 Assuming duties and responsibilities within the practice of polysomnography without adequate preparation or supervision or when competency has not been maintained;
5.2.3 Performing new polysomnographic techniques and/or procedures without adequate education and practice or without proper supervision;
5.2.4 Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices;
5.2.5 Inaccurately recording on, falsifying or altering a patient or agency record;
5.2.6 Committing verbal, physical or sexual abuse or harassment of patients or co-employees;
5.2.7 Assigning unqualified persons to perform the practice of licensed polysomnographers;
5.2.8 Delegating polysomnography responsibilities to unqualified persons;
5.2.9 Failing to supervise persons to whom polysomnographic responsibilities have been properly delegated;
5.2.10 Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations;
5.2.11 Failing to safeguard a patient’s dignity and right to privacy in providing polysomnography services which shall be provided without regard to race, color, creed or status;
5.2.12 Violating the confidentiality of information concerning a patient except where disclosure is required by law;
5.2.13 Practicing polysomnography when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired;
5.2.14 Diverting drugs, supplies, or property of a patient or agency or attempting to do so;
5.2.15 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so;
5.2.16 Providing polysomnography services in this State without a currently valid license or without other lawful authority to do so;
5.2.17 Allowing another person to use his/her license to provide polysomnography services for any purpose;
5.2.18 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a polysomnographer or other health care provider;
5.2.19 Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice polysomnography;
5.2.20 Failing to report unprofessional conduct by another polysomnographer licensee;
5.2.21 Failing to provide polysomnography to a patient in accordance with the orders of the responsible physician without just cause;
5.2.22 Violating a lawful provision of Title 24, Chapter 17 or any lawful regulation established thereunder.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-6.0 Polysomnographic Students and Polysomnographic Trainees
6.1 A polysomnographic student may only practice under the direct supervision of a supervisor as defined in these regulations.
6.2 Direct supervision means that a supervisor will be personally present and immediately available within the treatment area to provide aid, direction, and instruction when procedures are performed. All evaluations, progress notes, and/or chart entries must be co-signed by a licensed polysomnographer or licensed respiratory care practitioner credentialed as an SDS, RPSGT, or CPGST.
6.3 A polysomnographic trainee may provide sleep-related services under the direct supervision of a supervisor as part of the trainee’s clinical experience for no more than two years.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-7.0 Continuing Education
7.1 Continuing Education Hours Required for Renewal
7.1.1 The polysomnographer shall be required to complete twenty hours of continuing education acceptable to the Council biennially.
7.1.2 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of this Rule.
7.1.3 Attestation may be completed electronically at the time of online renewal.
7.1.4 The polysomnographer shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.
7.1.5 Continuing education hours shall be prorated for new licensees in accordance with the following schedule: Two years remaining in the licensing cycle requires twenty hours. One year or more, but less than two years, remaining in the licensing cycle requires ten hours. Licensees obtaining initial licensure with less than one year remaining in the licensing cycle are exempt from the continuing education requirement.
7.2 Exemptions and Extensions
7.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply to the Council for a waiver. A waiver may provide for an extension of time or an exemption from some or all of the continuing education requirements for one renewal period. A separate request must be submitted for every renewal period during which a waiver is requested.
7.2.2 A request for a waiver must be submitted sixty days prior to the license renewal date.
7.2.3 Requests for Extension - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve months to make up all outstanding required hours providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must be received prior to the renewal deadline. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required hours. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period.
7.3 Acceptable Continuing Education. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is whether the program is a planned program of learning that contributes directly to the professional competence of the polysomnographer. Continuing education hours awarded for activities/programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations:
7.3.1 The American Academy of Sleep Medicine
7.3.2 The American Association of Sleep Technologists
7.3.3 Other professional or education organizations so long as the specific program is acceptable to the Council.
7.4 Audit of Continuing Education Hours
7.4.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
7.4.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Council shall attempt to verify the hours shown on the documentation provided by the licensee. Upon completion of the review, the Council will determine whether the licensee's hours meet the requirements of these rules.
7.4.2.1 Any continuing education not meeting all provisions of these rules shall be rejected in part or in whole by the Council.
7.4.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council.
7.4.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period.
7.4.3 Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing will be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if the licensee has met the requirement and if not, if there are any extenuating circumstances justifying the noncompliance with these requirements. Unjustified noncompliance with these regulations shall be considered unprofessional conduct in the practice of polysomnography and subject to discipline.
7.4.4 Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty. The minimum penalty for the second finding of unjustified noncompliance shall be a thirty-day license suspension.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-8.0 Application for a License
8.1 Application. An application for a license to practice polysomnography must be completed on a form provided by the Council and returned to the Division of Professional Regulation with the required, non-refundable fee.
8.2 An application for a license to practice polysomnography shall be considered completed when the Division has received the following documentation:
8.2.1 Non-refundable application fee
8.2.2 Completed application for licensure
8.2.3 Verification of education form
8.2.4 Verification of passage of an exam accredited by an independent outside agency that has been approved by the Council. The following exams have been approved by the Council:
8.2.4.1 Board of Registered Polysomnographic Technologists CPSGT exam
8.2.4.2 Board of Registered Polysomnographic Technologists RPSGT exam
8.2.4.3 National Board of Respiratory Care SDS exam
8.2.4.4 Any other exam accredited by an independent outside agency as approved periodically by the Council.
8.2.5 Verification of active credentials in good standing as either a Board of Registered Polysomnographic Technologists CPSGT, RPSGT, or as a National Board of Respiratory Care SDS.
8.2.6 Verification of Basic Life Support certification that includes hands on skills training.
8.2.7 Letters of good standing from all other states where the applicant is licensed, if applicable.
8.2.8 Applicants for licensure by endorsement must provide the statute and regulations pertaining to the licensure requirements for polysomnographers in the state where the applicant currently holds a license so a determination may be made as to whether the licensing requirements of that state are substantially similar to or exceeding the requirements for licensure in Delaware.
8.2.9 Any other information requested in the application.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-9.0 Renewal of Licenses
9.1 Each license shall be renewed biennially. The failure of the Council to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her license.
9.2 Renewal may be effected by:
9.2.1 filing a renewal application online at www.dpr.delaware.gov;
9.2.2 attesting on the renewal application to completing the continuing education as required by these Rules;
9.2.3 payment of fees determined by the Division of Professional Regulation;
9.2.4 attesting that the licensee has active credentials in good standing as either a Board of Registered Polysomnographic Technologist CPSGT, RPSGT, or as a National Board of Respiratory Care SDS; and
9.2.5 attesting that the licensee has a current Basic Life Support certification that includes hands on skills training.
9.3 Failure of a licensee to renew his/her license shall cause his/her license to expire.
9.3.1 A license which has expired may, within a period of sixty days thereafter, be reinstated upon payment of all fees as set by the Division of Professional Regulation of the State of Delaware and by the applicant providing documentation establishing that he/she has completed 20 hours of continuing education during the two-year period preceding the application for reinstatement, and that he/she has active credentials in good standing as either a Board of Registered Polysomnographic Technologist CPSGT, RPSGT, or as a National Board of Respiratory Care SDS and a current Basic Life Support certification that includes hands on skills training.
9.4 A license may be placed on inactive status at the request of a licensee for no more than five years. An inactive license will convert to expired if it is not reinstated within five years.
9.4.1 An inactive license may be reinstated if the licensee provides all of the following:
9.4.1.1 Payment of the reinstatement fee established by the Division of Professional Regulation;
9.4.1.2 Verification of active credentials in good standing as either a Board of Registered Polysomnographic Technologists CPSGT, RPSGT, or as a National Board of Respiratory Care SDS; and
9.4.1.3 Verification of Basic Life Support certification that includes hands on skills training.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-10.0 Responsibilities of Supervisors and Polysomnographic Students and Trainees
10.1 A supervisor to either a polysomnographic student or trainee accepts total responsibility for the sleep-related services provided by the student or trainee.
10.2 A student or trainee is permitted to have more than one supervisor.
10.3 A supervisor must have a license in good standing to supervise students or trainees.
10.4 A supervisor may supervise no more than three students or trainees at one time.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
24 Del. Admin. Code § 1725-11.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals – The Delaware Professionals’ Health Monitoring Program
11.1 If information regarding a suspected chemically dependent or impaired licensee is received by the Council, the Council shall immediately notify the Division of Professional Regulation.
11.2 Upon receipt of information concerning a suspected chemically dependent or impaired licensee, the Division of Professional Regulation or its designee shall contact the licensee and inform him or her of the report, provide the licensee information describing the Delaware Professional Health Monitoring Program (DPHMP), and give him or her the opportunity to enter the DPHMP.
11.3 In order for the licensee to participate in the DPHMP, he/she shall execute a monitoring agreement.
11.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the DPHMP and continue to practice, subject to any limitations on practice imposed by either the DPHMP or the Council following a determination that disciplinable conduct has occurred.
11.5 Failure to cooperate fully with the DPHMP, the Division, or any employee of the same, or to comply with their requests for evaluations and screens may disqualify the licensee from the provisions of the DPHMP and there may be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
11.6 The DPHMP may require a licensee to execute a monitoring agreement that includes, but is not limited to, the following provisions:
11.6.1 Evaluation and entry into a treatment program;
11.6.2 Consent of the licensee, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program;
11.6.3 Agreement by the licensee to be personally responsible for all costs and charges associated with the DPHMP and any associated treatment programs;
11.6.4 Agreement by the licensee that failure to satisfactorily progress shall be reported to the Division of Professional Regulation for investigation and the institution of disciplinary proceedings;
11.6.5 Compliance with any terms or restrictions placed on professional practice as outlined in the monitoring agreement under the DPHMP.
11.7 The licensee’s records of participation in the DPHMP will not reflect disciplinary action if the licensee voluntarily entered the Program and shall not be considered public records open to public inspection. However, the Council may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
11.8 Any licensee who complies with all of the terms and completes the DPHMP shall have his/her confidentiality protected.
History
- 21 DE Reg. 734 (03/01/18)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
- 21 DE Reg. 734 (03/01/18)
- 17 DE Reg. 1094 (05/01/14)
- 19 DE Reg. 69 (07/01/15)
- 19 DE Reg. 780 (02/01/16)
- 21 DE Reg. 734 (03/01/18)
1770 Respiratory Care Practice Advisory Council
24 Del. Admin. Code § 1770-1.0 Purpose
The purpose of the standards is to establish minimal acceptable levels of safe practice to protect the general public and to serve as a guide for the Board to evaluate safe and effective practice of respiratory care.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-2.0 Definitions
“Board” - means Delaware Board of Medical Licensure and Discipline.
“Certified Respiratory Therapist (CRT)” - means the credential awarded by the NBRC to individuals who pass the certification examination for entry level respiratory therapy practitioners.
“Council” - means the Respiratory Care Practice Advisory Council of the Board of Medical Licensure and Discipline.
“Direct Supervision” - means supervising licensee or supervising physician will be present and immediately available within the treatment area.
“General Supervision” - means whether by direct observation and monitoring, protocols approved by physicians, or orders written or verbally given by physicians.
“NBRC” means the National Board for Respiratory Care, Inc.
“Programs Approved by the Board” - means initial course of study programs accredited by the Joint Review Committee for Respiratory Therapy Education (JRCRTE) or its successor organizations which have been approved by the Board.
“Registered Respiratory Therapist (RRT)” - means the credential awarded by the NBRC to individuals who pass the registry examination for advanced respiratory therapy practitioners.
“Respiratory Care” - means treatment, management, diagnostic testing, control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under the direction of a physician. Respiratory care includes inhalation therapy and respiratory therapy under 24 Del.C. §1776(a)(2) Medical Practice Act.
“Respiratory Care Practitioner (RCP)” - means an individual who practices respiratory care under 24 Del.C. §1776(a)(2) Medical Practice Act.
“Student Respiratory Care Practitioner (Student-RCP)” - means an individual enrolled in an accredited Respiratory Care Program recognized and approved by the Board.
"Unlicensed Personnel (UP)" - means an individual not otherwise authorized or exempt to provide respiratory care services except as provided in Section 14.0.
“Working Student Respiratory Care Practitioner” - means a student respiratory care practitioner who is employed to perform respiratory care under a limited scope of practice established by the Board.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-3.0 Standards of Practice for the Respiratory Care Practitioner
3.1 The respiratory care practitioner shall conduct and document respiratory care assessments of individuals and groups by various appropriate means including but not limited to the following:
3.1.1 Collecting objective and subjective data from observations, examinations, physiologic tests, interviews and written records in an accurate and timely manner.
3.1.2 Sorting, selecting, reporting, and recording the data.
3.1.3 Analyzing data.
3.1.4 Validating, refining and modifying the data by using available resources including interactions with the patient, family, and health team members.
3.1.5 Evaluating data.
3.1.6 Respiratory care practitioners shall establish and document data that serves as the basis for the strategy of care.
3.2 Respiratory care practitioners may develop strategies of care such as a treatment plan.
3.3 Respiratory care practitioners may participate under the direction and supervision of a physician in the implementation of patient care.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-4.0 Standards Related to the Respiratory Care Practitioner’s Competence and Responsibilities
4.1 Respiratory care practitioners shall:
4.1.1 Have knowledge of the statutes and regulations governing the practice of respiratory care.
4.1.2 Accept responsibility for competent practice of respiratory care.
4.1.3 Obtain instructions and supervision from physicians.
4.1.4 Function as a member of a health care team by collaborating with other members of the team to provide appropriate care.
4.1.5 Consult with respiratory care practitioners and others and seek guidance as necessary.
4.1.6 Obtain instruction and supervision as necessary when implementing respiratory care techniques.
4.1.7 Contribute to the formulation, interpretation, implementation and evaluation of objectives and policies related to the practice of respiratory care within the employment setting.
4.1.8 Report unsafe respiratory care practice and conditions to the Respiratory Care Practice Advisory Council, (Council), or other authorities as appropriate.
4.1.9 Practice without unlawful discrimination as to age, race, religion, sex, national origin or disability.
4.1.10 Respect the dignity and rights of patients regardless of social or economic status, personal attributes or nature of health problems.
4.1.11 Respect patients’ right-to-privacy by protecting confidentiality unless obligated by law to disclose the information.
4.1.12 Respect the property of patients and their families.
4.1.13 Teach safe respiratory care practice to other health care workers as appropriate.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-5.0 Administration of Medications
5.1 Respiratory care practitioners may administer pharmacological agents, aerosols, or medical gases via the respiratory route. Administration of medication by routes other than the respiratory route require the direct supervision of a physician.
5.2 A respiratory care practitioner shall not deliver any medication unless the order, written or oral by a physician or other person authorized by the Board of Medical Practice, to prescribe that class of medication includes:
5.2.1 Patient identification
5.2.2 Date of the order
5.2.3 Time of the order
5.2.4 Name of medication
5.2.5 Dosage
5.2.6 Frequency of administration
5.2.7 Route of administration
5.2.8 Method of administration
No respiratory care practitioner holding a permit or a license in the state of Delaware may administer medications for the testing or treatment of cardiopulmonary impairment for which the respiratory care provider is untrained or incompetent.
5.3 Respiratory care practitioners must be able to document appropriate training and proficiency on the route of medication delivery, drug pharmacology, and dosage calculations for any cardiopulmonary medications for which they are responsible to administer. Appropriate training includes but is not limited to the following components:
5.3.1 Pharmacology. Subject matter shall include terminology, drug standards, applicable laws and legal aspects, identification of drugs by name and classification, and the principles of pharmacodynamics of medications used in the treatment and testing of cardiopulmonary impairment.
5.3.2 Techniques of drug administration. Subject matter shall include principles of asepsis, safety and accuracy in drug administration, applicable anatomy and physiology, and techniques of administration and any route of administration for cardiopulmonary medications that fall within the legal scope of practice of a respiratory care practitioner.
5.3.3 Dosage calculations. Subject matter shall include a review of arithmetic and methods of calculation required in the administration of drug dosages.
5.3.4 Clinical experience. Subject matter shall include clinical experience in administration of the cardiopulmonary medication(s), planned under the direction of a qualified respiratory care practitioner or other qualified health care provider responsible for teaching cardiopulmonary medication administration.
5.3.5 Role of the respiratory care practitioner in administration of cardio-pulmonary medications. Subject matter shall include constraints of medication administration under the legal scope of practice for respiratory care practitioners, the rationale for specific respiratory care in relation to drug administration; observations and actions associated with desired drug effects, side effects and toxic effects; communication between respiratory care practitioners and other health care teams; respiratory care practitioner - client interactions; and the documentation of cardiopulmonary medication administration.
5.4 Each respiratory care practitioner shall maintain a record that documents training and proficiency and medications that each practitioner is authorized to administer. At the request of the Council such records may be audited, reviewed, or copied.
5.5 Documentation of medication administration by the respiratory care practitioner shall include at a minimum:
5.5.1 Patient identification
5.5.2 Date of the order
5.5.3 Time of the order
5.5.4 Name of medication
5.5.5 Dosage
5.5.6 Frequency of administration
5.5.7 Route of administration
5.5.8 Method of administration
5.5.9 Respiratory care practitioner’s name
5.5.10 Date and time of administration
5.5.11 Documentation of effectiveness
5.5.12 Documentation of adverse reactions and notifications if any
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-6.0 Disciplinary Proceedings
6.1 The license or permit of a respiratory care practitioner or student found to have committed unprofessional conduct may be subject to revocation, suspension, or non-renewal. The practitioner or student may be placed on probation subject to reasonable terms and conditions, or reprimanded.
6.2 Any licensed respiratory care practitioner found, after notice and hearing, to have engaged in behavior in his or her professional activity which is likely to endanger the public health, safety or welfare or who is unable to render respiratory care services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs including alcohol may have his or her license revoked, suspended, not renewed or may be placed on probation.
6.3 Unprofessional Conduct
Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, or dishonesty and shall include, without limitation, the following:
6.3.1 Performing acts beyond the scope of authorized practice by a respiratory care practitioner to include violations of 24 Del.C. §§1775-1779 or of these regulations.
6.3.2 Assuming duties and responsibilities within the practice of respiratory care without adequate preparation or supervision or when competency has not been maintained.
6.3.3 Performing new respiratory care techniques and/or procedures without adequate education and practice or without proper supervision.
6.3.4 Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices.
6.3.5 Inaccurately recording on, falsifying or altering a patient or agency record.
6.3.6 Committing verbal, physical or sexual abuse or harassment of patients or co-employees.
6.3.7 Assigning unqualified persons to perform the practice of licensed respiratory care practitioners.
6.3.8 Delegating respiratory care responsibilities to unqualified persons.
6.3.9 Failing to supervise persons to whom respiratory care responsibilities have been properly delegated.
6.3.10 Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations.
6.3.11 Failing to safeguard a patient’s dignity and right to privacy in providing respiratory care services which shall be provided without regard to race, color, creed or status.
6.3.12 Violating the confidentiality of information concerning a patient except where disclosure is required by law.
6.3.13 Practicing respiratory care when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired.
6.3.14 Diverting drugs, supplies, or property of a patient or agency or attempting to do so.
6.3.15 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so.
6.3.16 Providing respiratory care in this state without a currently valid license or permit and without other lawful authority to do so.
6.3.17 Allowing another person to use his/her license or temporary permit to provide respiratory care for any purpose.
6.3.18 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a respiratory care practitioner or other health care provider.
6.3.19 Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice respiratory care.
6.3.20 Failing to report unprofessional conduct by another respiratory care practitioner licensee or permit holder or as specified in 4.1.8.
6.3.21 Failing to provide respiratory care to a patient in accordance with the orders of the responsible physician without just cause.
6.3.22 Violating a lawful provision of Title 24, Chapter 17, Subchapter VII, or any lawful regulation established thereunder.
6.4 Disciplinary Investigations And Hearings
6.4.1 Upon receipt of a written complaint against a respiratory care practitioner or upon its own motion, the Council may request the Division of Professional Regulation to investigate the complaint or a charge against a respiratory care practitioner and the process established by 29 Del.C. §8735(h) shall be followed with respect to any such matter.
6.4.2 Where feasible, within sixty (60) days of receiving a complaint from the Attorney General’s Office after an investigation pursuant to 29 Del.C. §8735(h), the Council shall conduct an evidentiary hearing upon notice to the licensee. Written findings of fact and conclusions of law shall be sent to the Board of Medical Licensure and Discipline along with any recommendation to revoke, to suspend, to refuse to renew a license, to place a licensee on probation, or to otherwise reprimand a licensee found guilty of unprofessional conduct in the licensee’s professional activity which is likely to endanger the public health, safety or welfare, or the inability to render respiratory care services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs including alcohol.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-7.0 Working Student Respiratory Care Practitioner
7.1 A working student respiratory care practitioner may only practice under the direct supervision of a licensed respiratory care practitioner. The scope of practice is limited to those activities for which there is documented evidence of competency.
7.2 Direct supervision means that a licensed respiratory care practitioner will be personally present and immediately available within the treatment area to provide aid, direction, and instruction when procedures are performed. All evaluations, progress notes, and/or chart entries must be co-signed by a licensed respiratory care practitioner.
7.3 A student may apply for a student temporary permit. If approved by the Board, such permit may be issued by the Division of Professional Regulation and may not be renewed. An application will be considered by the Council provided that the applicant meets the following criteria:
7.3.1 Applicant is matriculated in an approved Respiratory Care Program.
7.3.2 Application is submitted no more than 20 weeks prior to the program’s announced graduation date.
7.3.3 Applicant shall submit to the Council a certified list of respiratory care services which have been successfully completed as a part of the respiratory care curriculum.
7.4 A student temporary permit shall automatically cease upon graduation or on the date that the holder is no longer matriculated in and not a graduate of a Respiratory Care Program. Any holder of a temporary student permit which ceases for any of the reasons stated above shall within five (5) working days surrender the permit to the Division of Professional Regulation.
7.5 Subject to subsection 7.4, a student temporary permit shall be valid for 16 weeks.
7.6 Respiratory care services which may be performed by the holder of a student temporary permit are limited to only those services which have been successfully completed by the student as part of a respiratory care program. Successful completion of these services must be certified by the program director on the Verification of Respiratory Care Education Form and submitted to the Council along with an attached competency check list. The holder of the student temporary permit must also meet the employer’s standards for those procedures in specified patient care situations.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-8.0 Continuing Education
8.1 Contact Hours Required for Renewal
8.1.1 The respiratory care practitioner shall be required to complete twenty (20) contact hours of continuing education biennially.
8.1.1.1 At least ten (10) of the required twenty (20) contact hours shall be from traditional programs attended either in person or by the use of telecommunication technology that allows the attendee to interact with and ask questions of the presenter during the presentation.
8.1.1.2 No more than ten (10) of the required twenty (20) contact hours may be obtained in non-traditional programs in which the participant learns the material at their own pace and place of choosing and demonstrates their mastery of the course content by examination in order to earn contact hours.
8.1.2 Definition of Contact Hours
8.1.2.1 Fifty consecutive minutes of traditional or non-traditional continuing education course work shall be equivalent to one (1) contact hour. A fraction of a contact hour may be computed by dividing the minutes of an activity by 50 and expressed as a decimal.
8.1.3 Contact hours shall be prorated for new licensees in accordance with the following schedule:
8.1.3.1 Two years remaining in the licensing cycle: twenty (20) hours pursuant to subsection 8.1.1.
8.1.3.2 One year remaining in the licensing cycle: ten (10) contact hours, all of which must be in traditional programs pursuant to subsection 8.1.1.1.
8.1.3.3 Less than one year remaining in the licensing cycle: the licensee is not required to complete continuing education.
8.1.4 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Section 8.0. Attestation shall be completed electronically.
8.1.5 The respiratory care practitioner shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.
8.2 Continuing Education Content
8.2.1 The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it contributes directly to the professional competence of the respiratory care practitioner. For example, the following subjects qualify as acceptable continuing education:
8.2.1.1 Respiratory care science and practice and other scientific topics related thereto.
8.2.1.2 Respiratory care education.
8.2.1.3 Research in respiratory care and health care.
8.3 Educational Providers
Continuing education contact hours awarded for activities/programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations:
8.4 Types of Activities/Programs
8.4.1 Workshops. A workshop shall contain the following elements:
8.4.1.1 Developed by a knowledgeable individual or group in the subject matter;
8.4.1.2 Follows a logical sequence;
8.4.1.3 Involves the learner by requiring active response, demonstration and feedback;
8.4.1.4 Requires hands-on experience; and
8.4.1.5 Supplies a bibliography for continued study.
8.4.2 Recredentialing examination for a certified respiratory therapist (CRT) and a registered respiratory therapist (RRT) shall be equivalent to five (5) contact hours, with a maximum of five (5) contact hours per each licensure renewal period.
8.4.3 Advance specialty examinations: Successful completion of advanced specialty examinations administered by the National Board for Respiratory Care (NBRC) or other examinations as approved by the Council, including the following, shall be equivalent to five (5) contact hours for each exam, with a maximum of five (5) contact hours per each licensure renewal period:
8.4.4 First time presentation of respiratory care education programs, including preparation time, with a maximum of four (4) contact hours per licensure renewal period. Fifty (50) consecutive minutes of presentation of lectures, seminars or workshops in respiratory care or health care subjects shall be equivalent to one (1) contact hour. The program presented must be approved for continuing education pursuant to subsection 8.3.
8.4.5 Preparation and publication of respiratory care theory, practice or science, in a peer reviewed publication, for a maximum of four (4) contact hours per licensure renewal period.
8.4.6 Courses in Basic Life Support (BLS) for a maximum of two (2) contact hours, Advanced Cardiac Life Support (ACLS) for a maximum of four (4) contact hours, Pediatric Advanced Life Support (PALS) for a maximum of four (4) contact hours, and the Neonatal Resuscitation Program (NRP) for a maximum of four (4) contact hours. A maximum of eight (8) total credit hours from this category may be applied to each renewal period.
8.5 Audit of Continuing Education Contact Hours
8.5.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
8.5.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various continuing education contact hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score).The Council shall attempt to verify the continuing education shown on the documentation provided by the licensee. Upon completion of the review, the Council decide whether the licensee's continuing education meets the requirements of these regulations.
8.5.2.1 Any continuing education not meeting all provisions of these regulations shall be rejected in part or in whole by the Council
8.5.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council.
8.5.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period.
8.5.3 Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered unprofessional conduct in the practice of respiratory care pursuant to subsection 6.3.
8.5.4 Sanctions for Unjustified Noncompliance. The minimum penalty for the first finding of unjustified noncompliance shall be a $250.00 monetary penalty; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 Del.C. §1777(e). The minimum penalty for the second finding of unjustified noncompliance shall be a thirty (30) day license suspension; however, the Council may recommend to the Board imposing any of the additional penalties specified in 24 Del.C. §1777(e).
8.5.5 Requests for Extension- Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required continuing education providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must be received by the Council prior to the licensure renewal. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required continuing education. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period.
8.5.6 Appeal. Any licensee sanctioned pursuant to these regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-9.0 Application for a License
9.1 Application
9.1.1 An application for a license to practice respiratory care must be completed on a form provided by the Board of Medical Licensure and Discipline and returned to the Board Office with the required, non-refundable fee.
9.2 Completed Application
9.2.1 An application for a license to practice respiratory care shall be considered completed when the Board has received all of the following documentation:
9.2.1.1 Non-refundable application fee.
9.2.1.2 Completed application for licensure.
9.2.1.3 Verification of Respiratory Care Education.
9.2.1.4 NBRC Credential Verification as a certified respiratory therapist (CRT) and/or as a registered respiratory therapist (RRT).
9.2.1.4.1 Individuals who have not been licensed in any jurisdiction within three (3) years of initially passing the NBRC entry level examination will be required to re-take the NBRC examination and provide proof of a current passing score and NBRC Credential Verification as a CRT or RRT before a license will be issued.
9.2.1.5 Letter(s) of good standing from other states where the applicant may hold a license, if applicable.
9.2.1.6 Any other information requested in the application.
9.3 Appeals Process
9.3.1 When the Council determines that an applicant does not meet the qualifications for licensure as prescribed under 24 Del.C. §1776 and the regulations governing the practice of respiratory care, the Council shall make such recommendation to the Board proposing to deny the application. The Council shall notify the applicant of its intended action and reasons thereof. The Council shall inform the applicant of an appeals process prescribed under 29 Del.C. §10142.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-10.0 Duty to Update Address
Licensees must provide the Division of Professional Regulation with any change of address from that registered with the Division. Any change in address must be reported to the Division within thirty days of such change. All notifications and correspondence pertaining to a licensee's license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-11.0 Renewal of Licenses
11.1 Each license shall be renewed biennially. The failure of the Council/Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Council’s regulations and 24 Del.C. Ch. 17.
11.2 Renewal shall be effected electronically by:
11.2.1 Filing a renewal application online at www.dpr.delaware.gov;
11.2.2 Attesting on the renewal application to the completing of continuing education as required by Section 8.0; and
11.2.3 Payment of fees as determined by the Division of Professional Regulation.
11.3 Failure of a licensee to renew his/her license shall cause his/her license to expire.
11.3.1 Effective the licensure renewal period beginning December 1, 2020, a licensee whose license has expired may renew his/her license within sixty (60) days after the expiration date upon fulfilling the requirements in subsections 11.2.1 - 11.2.3 above, certifying that he/she has not practiced respiratory care in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation. All late renewals shall be audited for compliance with CE renewal requirements.
11.3.2 The failure of a licensee to renew the lapsed license within sixty (60) days as set forth in subsection 11.3.1 shall cause the license to terminate.
11.3.3 A respiratory care practitioner whose license has terminated may reapply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17.
11.3.4 A respiratory care practitioner who reapplies for licensure more than a year after the date of license termination must, in addition to the requirements of subsection 11.3.3, show evidence of completion of 20 hours of continuing education within the two year period prior to reapplication.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-12.0 Telehealth
12.1 The respiratory care practitioner who provides treatment through telehealth shall meet the following requirements:
12.1.1 Location of patient during treatment through telehealth
12.1.1.1 The respiratory care practitioner shall have an active Delaware license in good standing to practice telehealth in the state of Delaware; and
12.1.1.2 During the telehealth treatment session, the patient shall be located within the borders of the State of Delaware.
12.1.2 Informed consent
12.1.2.1 Before services are provided through telehealth, the respiratory care practitioner shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:
12.1.2.1.1 The use of electronic communications in the provision of care;
12.1.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
12.1.2.1.3 The potential disruption of electronic communication in the use of telehealth.
12.1.3 Confidentiality: The respiratory care practitioner shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.
12.1.4 Competence and scope of practice:
12.1.4.1 The respiratory care practitioner shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient;
12.1.4.2 The respiratory care practitioner shall comply with the Council's and the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care;
12.1.4.3 The respiratory care practitioner shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience; and
12.1.4.4 The respiratory care practitioner shall document in the file or record which services were provided by telehealth.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-13.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
13.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
13.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
13.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
13.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
13.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
13.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
13.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
13.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
13.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
13.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
13.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
13.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
13.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
13.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
13.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
13.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
13.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
13.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
24 Del. Admin. Code § 1770-14.0 Unlicensed Personnel (UP)
14.1 Unlicensed personnel working in the State of Delaware may not perform any clinical assessments or provide patient care during the course of their job duties.
14.2 Any UP found to have violated the provisions of this section shall be prosecuted for the unlicensed practice of respiratory care.
History
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 20 DE Reg. 187 (09/01/16)
- 20 DE Reg. 187 (09/01/16)
- 4 DE Reg. 694 (10/01/00)
- 8 DE Reg. 1438 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 20 DE Reg. 187 (09/01/16)
- 10 DE Reg. 354 (08/01/06)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 22 DE Reg. 232 (09/01/18)
- 13 DE Reg. 1223 (03/01/10)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1438 (04/01/05)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 1 DE Reg. 1746 (05/01/98)
- 4 DE Reg. 699 (01/01/00)
- 7 DE Reg. 761 (12/01/03)
- 8 DE Reg. 1445 (04/01/05)
- 8 DE Reg. 1587 (05/01/05)
- 10 DE Reg. 354 (08/01/06)
- 13 DE Reg. 1223 (03/01/10)
- 15 DE Reg. 542 (10/01/11)
- 15 DE Reg. 1768 (06/01/12)
- 16 DE Reg. 97 (07/01/12)
- 18 DE Reg. 788 (04/01/15)
- 20 DE Reg. 187 (09/01/16)
- 22 DE Reg. 232 (09/01/18)
- 24 DE Reg. 713 (01/01/21)
1790 Acupuncture Advisory Council
24 Del. Admin. Code § 1790 Acupuncture Advisory Council
Division of Professional Regulation
1790 Acupuncture Advisory Council
1.0 Source of Authority: 24 Del.C. Ch. 17, Subchapter X
The Rules and Regulations herein contained constitute, comprise, and shall be known as the Rules and Regulations of the Acupuncture Advisory Council of the Board of Medical Licensure and Discipline, and are hereby promulgated, pursuant to 24 Del.C. §1796 (c).
16 DE Reg. 434 (10/01/12)
2.0 Definitions
Whenever used in these Rules and Regulations unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated.
"ACAOM" means Accreditation Commission for Acupuncture and Oriental Medicine.
"Board" means Delaware Board of Medical Licensure and Discipline.
"CCAOM" means the Council of Colleges of Acupuncture and Oriental Medicine.
"Council" means the Acupuncture Advisory Council of the Board of Medical Licensure and Discipline.
"Crime Substantially Related to the Practice of Acupuncture and Acupuncture Detoxification" means those crimes identified in Rule 29 of the rules and regulations of the Board of Medical Licensure and Discipline.
"License" means a license issued by the Board to practice acupuncture or acupuncture detoxification.
“Licensed Acupuncture Detoxification Specialist (“ADS”)” means an individual authorized to practice acupuncture detoxification using the National Acupuncture Detoxification Association (NADA) or equivalent organization's auricular point protocol.
"Licensed Acupuncturist" ("L.Ac.") means an individual authorized to practices acupuncture under the provisions of the Medical Practice Act, 24 Delaware Code, Chapter 17, Subchapter X.
“NADA” means the National Acupuncture Detoxification Association
"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.
"Practice of Acupuncture" means the use of oriental medical therapies for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health.
“Practice of Acupuncture Detoxification” means the use of a NADA or equivalent organization's auricular point protocol for the purpose of treating alcoholism, nicotine dependency, substance abuse, or chemical dependency.
16 DE Reg. 434 (10/01/12)
3.0 Purpose
The purpose of the rules and regulations standards is to establish minimal acceptable levels of safe practice to protect the general public and to serve as a guide for the Council and Board to evaluate the safe and effective practice of acupuncture and auricular acupuncture detoxification.
16 DE Reg. 434 (10/01/12)
4.0 Minimum Standards of Practice for the Acupuncture Practitioner
4.1 Clean Needle Technique
4.1.1 All applicants for licensure shall complete a course in clean needle technique as administered by the CCAOM or provide evidence of passing an examination in clean needle technique before a license will be issued unless a waiver is granted pursuant to 24 Del.C. §1798(b).
4.2 English as a Second Language
4.2.1 An applicant for whom English is a second language must demonstrate his or her ability to speak English by providing evidence of one of the following:
4.2.1.1 Passage of the NCCAOM examination taken in English;
4.2.1.2 Completion at least 60 credits from an English-speaking undergraduate school or English-speaking professional school;
4.2.1.3 Passage of the TOEFL (Test of English as a Foreign Language with a score of 550 or higher on the paper based test or with a score of 213 or higher on the computer based test;
4.2.1.4 Passage of the TSE (Test of Spoken English) with a score of 45 or higher;
4.2.1.5 Passage of the TOEIC (Test of English for International Communication) with a score of 500 or higher; or
4.2.1.6 At the discretion of the Council, passage of any similar, validated exam testing English competency given by a testing service with results reported directly to the Council or with results otherwise subject to verification by direct contact between the testing service and the Council.
5.0 Filing of Application for Licensure as an Acupuncture Practitioner
5.1 Application - Initial Licensure
5.1.1 An applicant who is applying for licensure as acupuncture practitioner must submit a completed application on a form prescribed by the Council and approved by the Board to the Board office at the Division of Professional Regulation ("Division"), Dover, Delaware. The application must be accompanied by payment of the fees established by the Division.
5.1.2 Each application must be accompanied by (1) proof of achievement of a Diplomate in Oriental Medicine from NCCAOM or other equivalent recognized by the Council and approved by the Board (2) evidence of completion of a course in clean needle technique as provided in regulations 4.1 and (3) for applicants for whom English is a second language, proof of ability to speak English as provided in Regulation 4.2.
5.2 Application - Current Practitioners
5.2.1 An applicant who is applying for licensure under the 24 Del.C. §1799A must have been practicing in Delaware for the 12 month period prior to June 27, 2008. The applicant must submit proof of achievement of a Diplomate in Acupuncture from NCCAOM or other equivalent recognized by the Council and approved by the Board of evidence of graduation from a course of training or at least 1,800 hours in acupuncture, including 300 clinical hours, that is accredited by ACAOM of its equivalent as determined by Council and (2) evidence of completion of a course in clean needle technique as provided in regulations 4.1.
5.2.2 Proof of practice may be demonstrated by providing a W-2, business license, schedule C, or other similar documentation of practice during the period 6/27/2007 through 6/26/2008 acceptable to Council.
5.3 Application - Reciprocity
5.3.1 An applicant for licensure by reciprocity must submit a copy of the law and regulations from the State in which they are currently licensed in order for the Council and Board to determine that the standards for licensure are substantially similar along with letters of good standing from all jurisdictions in which they are licensed.
5.4 If any documents submitted by an applicant require translation to English, the translation shall be obtained by the applicant, at the applicant's expense, from an organization approved by the Council and Board.
5.5 The Council and Board shall not consider an application for licensure as an acupuncture practitioner complete until all items specified in the applicable regulations are submitted to the Board's office.
5.5.1 The Council may recommend and the Board may, in its discretion, approve applications contingent on receipt of necessary documentation. If the required documentation is not received within 120 days from the date when the application is first reviewed by the Council, the Council shall propose to deny the application.
5.5.2 If an application is complete in terms of required documents, but the candidate has not responded to a Council or Board request for further information, explanation or clarification within 120 days of the Council or Board's request, the Council shall make its recommendation to and the Board shall vote on the application as is.
6.0 Unprofessional Conduct and Inability to Practice Acupuncture
6.1 "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
6.1.1 Has employed or knowingly cooperated in fraud or material deception in order to acquire or renew a license to practice acupuncture, has impersonated another person holding a license, has allowed another person to use the acupuncturist's license, or has aided and abetted a person not licensed to practice acupuncture to represent himself or herself as an acupuncturist;
6.1.2 The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement for acupuncturists, or in connection with the practice of acupuncture;
6.1.3 Having a license to practice acupuncture revoked, suspended, or otherwise disciplined, including the denial of licensure by the licensing authority of another state or territory for reasons which would preclude licensure in this state. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other states or territories and may not permit a collateral attack on those decisions;
6.1.4 Conviction of or admission under oath to having committed a crime substantially related to the practice of medicine other profession regulated by the Board as defined by the Board in its rules and regulations;
6.1.5 Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
6.1.6 Advertising, practicing or attempting to practice acupuncture under a false or assumed name;
6.1.7 Advertising, practicing or attempting to practice acupuncture in an unethical or unprofessional manner;
6.1.8 The practice of acupuncture without a license;
6.1.9 Failing to perform any statutory or legal obligation placed upon an acupuncturist;
6.1.10 Making or filing a false report in connection with the practice of acupuncture which the licensee knows to be false, intentionally or negligently failing to file a report required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.
6.1.11 Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured;
6.1.12 Misconduct, incompetence, or gross negligence in the practice of acupuncture;
6.1.13 Willful violation of the confidential relationship with or confidential communications of a patient;
6.1.14 Engaging in sexual relations with a patient until at least six (6) months have lapsed since the patient-practitioner relationship has ended.
6.1.15 Making deceptive, untrue, or fraudulent misrepresentations in the practice of acupuncture;
6.1.16 Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, or undue influence, or a form of overreaching conduct;
6.1.17 Failing to keep written medical records documenting the course of treatment of the patient;
6.1.18 Exercising undue influence on the patient to exploit the patient for financial gain of the licensee or of a third party;
6.1.19 Being unable to practice acupuncture with reasonable skill and safety to patients by reason of illness or intemperate use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
6.1.20 Malpractice or the failure to practice acupuncture at the level of care, skill and treatment which is recognized by a reasonably prudent similar practitioner of acupuncture as being acceptable under similar conditions and circumstances;
6.1.21 Practicing or offering to practice beyond the scope permitted by law or accepting or performing professional responsibilities which the licensee knows or has reason to know that such a person is not qualified by training, experience or certification to perform;
6.1.22 Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them;
6.1.23 Violating any provision of the Medical Practice Act, a rule of the Council and Board or a lawful order of the Board entered in a disciplinary hearing conducted by Council or the Board or failing to comply with a lawfully issued subpoena of the Board to provide documents and or to appear before the Council or Board;
6.1.24 Conspiring with another to commit an act, or committing and act, which coerces, intimidates, or precludes another licensee from lawfully advertising or providing his or her services;
6.1.25 Fraud or deceit, or gross negligence, incompetence, or misconduct in the operation of a course of study;
6.1.26 Failing to comply with state, county, or municipal regulations or reporting requirements relating to public health and the control of contagious and infectious disease;
6.1.27 Failing to comply with clean needle techniques and proper procedures for the disposal of potentially infectious materials;
6.1.28 Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice acupuncture to the Board, to any committee thereof, to the Executive Director, or to anyone designated by the Executive Director to request such information; and
6.1.29 Charging a grossly exorbitant fee for professional or occupational services rendered.
16 DE Reg. 434 (10/01/12)
7.0 Disciplinary Investigations and Hearings
7.1 Upon receipt of a written complaint against an acupuncturist or upon its own motion, the Council may request the Division of Professional Regulation to investigate the complaint or a charge against an acupuncturist and the process established by 29 Del.C. §8735(h) shall be followed with respect to any such matter.
7.2 As soon as practicable after receipt of a complaint from the Attorney General's Office following an investigation conducted pursuant to 29 Del.C. §8735(h), the Council shall conduct an evidentiary hearing upon notice to the licensee. Written findings of fact and conclusions of law shall be sent to the Board along with any recommendation to revoke, to suspend, to refuse to renew a license, to place a licensee on probation, or to otherwise reprimand a licensee found guilty of unprofessional conduct in the licensee's professional activity which is likely to endanger the public health, safety or welfare, or the inability to render acupuncture services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs including alcohol.
16 DE Reg. 434 (10/01/12)
8.0 Renewal of License
8.1 Each license shall be renewed biennially. The failure of the Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Board's regulations and 24 Del.C. Ch. 17.
8.2 Renewal may be effected by:
8.2.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. License renewal may be accomplished online at www.dpr.delaware.gov;
8.2.2 providing other information as may be required by the Board to ascertain the licensee's good standing;
8.2.3 attesting on the renewal application to the completing of continuing education as required by Rule 9.0;
8.2.4 payment of fees as determined by the Division of Professional Regulation.
8.3 Failure of a licensee to renew his/her license shall cause his/her license to expire. A licensee whose license has expired may renew his/her license within one year after the expiration date upon fulfilling items 7.2.1 - 7.2.4 above, certifying that he/she has not practiced acupuncture in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation.
8.4 No licensee will be permitted to renew his/her license once the one-year period has expired.
8.5 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17.
8.6 No acupuncturist shall practice acupuncture in the State of Delaware during the period of time that his/her Delaware license has expired.
9.0 Continuing Education
9.1 Professional Development Activity Points Required for Renewal
9.1.1 Licensees are required to complete (30) Professional Development Activity (PDA) points biennially. Licensees shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.
9.1.2 PDAs shall be prorated for new licensees in accordance with the following schedule:
Two years remaining in the licensing cycle requires - 30 hours
One year remaining in the licensing cycle requires -15 hours
Less than one year remaining in the licensing cycle -exempt
9.2 Exemptions
9.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply through the Council to the Board for a waiver. A waiver would provide for an extension of time or exemption from some or all of the continuing education requirements for one (1) renewal period. Should the illness extend beyond one (1) renewal period, a new request must be submitted.
9.2.2 A request for a waiver must be submitted sixty (60) days prior to the license renewal date.
9.3 Criteria for Qualification of Continuing Education Program Offerings
The following criteria are given to guide licensees in selecting an appropriate activity/program and to guide the provider in planning and implementing continuing education activities/programs. The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it is a planned program of learning which contributes directly to professional competence in the practice of acupuncture.
9.3.1 Definition and PDA Point Requirements
9.3.1.1 Each hour of continuing education is equal to (1) PDA point.
9.3.1.2 Fifteen of the required 30 PDA points shall enhance core knowledge, skills and abilities and shall be in biomedicine and/or one of the five branches of Oriental medicine (e.g., acupuncture, Chinese herbs, Chinese dietary therapy, Qigong, Asian bodywork therapy). Four the 15 core PDA points shall be taken in safety and/or ethics (e.g., CPR, herbal safety, universal precautions, clean needle techniques, ethics and liability, public health reporting requirements).
9.3.1.3 The remaining 15 PDA points may be taken in electives that directly contribute to a licensee's knowledge or practice of acupuncture (including Western science and medical practices, medical ethics, medical research, practice management, adjunctive therapies, patient education, and disaster relief training, etc.).
9.4 Acceptable Activities/Programs
9.4.1 Acceptable activities and programs include:
9.4.1.1 Additional NCCAOM Certification: A maximum of 10 PDA points may be submitted for successfully achieving an additional certification from NCCAOM in acupuncture, Chinese herbology, or Asian bodywork therapy (Required Documentation: Copy of the NCCAOM certificate including certification date which must be within the two year renewal period);
9.4.1.2 Passage of the NCCAOM or other approved Biomedicine Examination: A maximum of 10 PDA points may be submitted for successfully passing the NCCAOM Biomedicine examination. (Required Documentation: A copy of the official letter notifying the licensee of their test score including the exam date which must be within the two year renewal period).
9.4.1.3 Service on a Professional Board: Serving on a regional, state, or national board or committee related to acupuncture may be submitted for a maximum of 5 PDA points submitted per renewal period. (Required Documentation: A letter, printed on letterhead from the organization's chair verifying participation dates of service, and in what capacity.)
9.4.1.4 Clinical Experience: Completing a supervised clinical experience in acupuncture, Chinese herbology, Oriental medicine or Asian bodywork therapy which includes observation, case discussions, and/or supervised practice. The experience must be conducted in a formal clinical setting and be part of an educational or preceptor program. One PDA point is equal to one hour of supervision with a maximum of 5 PDA points per renewal period. (Required Documentation: A letter from the school or preceptor who must be an NCCAOM Diplomate in active status for 5 years. Date(s), hours, and type of experience are required on letterhead stationery)
9.4.1.5 Directing Clinical Supervision: Supervising a clinical experience in acupuncture, Chinese herbology, Oriental medicine or Asian bodywork therapy which includes directing students in observation, case discussions, and/or supervised practice. The experience must be conducted in a formal clinical setting and be part of an educational or preceptor program. One PDA point is equal to one hour of supervision with a maximum of 5 PDA points per renewal period. (Required Documentation: A letter from the school or preceptor, on letterhead, indicating the date(s), hours, and type of supervision.)
9.4.1.6 Research in Oriental Medicine: A maximum of 10 PDA points may be submitted for documented research in acupuncture or Oriental medicine. The licensee must be a primary researcher, and the research must be funded (not self-funded). (Required Documentation: One PDA point is equal to one hour of research. A letter from the school, hospital or official agency funding the research is required. The letter, on letterhead, must be accompanied by a copy of the published abstract showing the licensee's name as contributor.)
9.4.1.7 Teaching or Lecturing: A maximum of 10 PDA points may be submitted for teaching and/or lecturing in acupuncture or Oriental medicine subjects. (Required Documentation: One PDA point is equal to one hour of teaching. Date(s), number of classroom hours, course title, and instructor's name is required on letterhead stationery from the providing organization, or listed on a school transcript)
9.4.1.8 Tai Chi/Qigong: A maximum of 5 PDA points may be submitted for Tai Chi and exercise Qigong courses. One PDA point is equal to one hour of instruction. (Required Documentation: Date(s), number of hours, course title, and instructor's name is required on either an end-of-course certificate or letterhead stationery from the providing organization.)
9.4.1.9 Language: A maximum of 5 PDA points may be submitted for the study of a second language relevant to a practitioner's practice. One PDA point is equal to one hour of instruction. (Required Documentation: Date(s), number of hours, course title, and instructor's name is required on either an end-of-course certificate or on letterhead from the providing organization.)
9.4.1.10 Publications: Includes writing and editing books, professional journals, and articles in Oriental medicine. PDA points may be permitted as follows:
9.4.1.10.1 Author a Book: A maximum of 15 PDA points may be submitted for authoring a book in the field of Oriental medicine that is at least 150 pages in length. (Required Documentation: Copy of the book cover and title pages showing the date, ISBN number, abstracts, and executive summaries.)
9.4.1.10.2 Author a Chapter in a Book: A maximum of 10 PDA points may be submitted for authoring chapters in a book in the field of Oriental Medicine. Five PDA points may be gained for each chapter with a maximum of submitting two chapters per renewal period. (Required Documentation: Copy of the book cover and title pages showing the date, ISBN number, abstracts, and executive summaries).
9.4.1.10.3 Edit a Book or Professional Journal: A maximum of 10 PDA points may be submitted for editing a professional book or journal. Five PDA points may be gained for each book or professional journal with a maximum of submitting two books/journals per renewal period. (Required Documentation: A letter, on letterhead, from the author of the book or the editor in chief of the journal is required. The letter should describe the licensee's participation in the editing process including the title of the book/journal, publishing date, ISBN number, abstracts, and executive summaries.)
9.4.1.10.4 Publication of a Peer-Reviewed Journal Article: A maximum of 10 points may be submitted for authoring an article in a professional, peer-reviewed journal in the field of Oriental medicine. Five PDA points may be gained for each article with a maximum of submitting two articles per recertification cycle. (Required Documentation: Copy of the article, the cover of the journal, and the table of contents that show the date, article title, and author.)
9.4.1.10.5 Author an Article: A maximum of 5 PDA points may be submitted for writing an article that is published. (Required Documentation: Copy of the article and the cover of the newspaper or magazine that shows the date and table of contents or article listing.)
9.4.1.10.6 Formal Continuing Education Programs: All PDA points may be obtained by taking formally organized courses which satisfy the content requirements of Regulation 9.3.1.2 and are approved by the Board or sponsored and/or approved by and sponsored by the following organizations and their member organizations:
9.4.1.10.6.1 The American Association of Acupuncture and Oriental Medicine (AAAOM),
9.4.1.10.6.2 The Council of Colleges of Acupuncture and Oriental Medicine (CCAOM),
9.4.1.10.6.3 The Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM),
9.4.1.10.6.4 The National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM),
9.4.1.10.6.5 The National Academy of Acupuncture and Oriental Medicine (NAAOM),
9.4.1.10.6.6 The Society for Acupuncture Research,
9.4.1.10.6.7 Center for Oriental Medical Research and Education (COMRE),
9.4.1.10.6.8 The National Acupuncture Detoxification Association,
9.4.1.10.6.9 The National Acupuncture Teachers Association, or
9.4.1.10.6.10 The American Academy of Medical Acupuncturists;
9.4.1.10.6.11 World Health Organization (WHO),
9.4.1.10.6.12 National Institutes of Health (NIH),
9.4.1.10.6.13 The National Institutes of Health Office of Alternative Medicine (NIHOAM),
9.4.1.10.6.14 American Medical Association (AMA),
9.4.1.10.6.15 American Osteopathic Association (AOA).
9.4.1.10.6.16 American Nurses Association (ANA),
9.4.1.10.6.17 American Psychiatric Association (APA),
9.4.1.10.6.18 American Hospital Association (AHA),
9.4.1.10.6.19 American Lung Association (ALA),
9.4.1.10.6.20 Red Cross;
9.4.1.10.6.21 Local colleges;
9.4.1.10.6.22 Local hospitals; or
9.4.1.10.6.23 Other professional or educational organizations as approved periodically by the Board upon the recommendation of Council. (Required Documentation: Certificate of attendance documenting hours attended and/or credits awarded.)
9.4.2 No continuing education PDA points will be given for advocating legislation or for peer Reviewed Posters and/ or exhibits.
9.4.3 PDA points for foreign study are subject to the approval of the Council and Board.
9.4.4 Approval of continuing education is at the discretion of the Council and with the approval of the Board. PDAs earned in excess of the required credits for the two (2) year period may not be carried over to the next biennial period.
13 DE Reg. 858 (12/01/09)
16 DE Reg. 434 (10/01/12)
10.0 Acupuncture Detoxification Specialists (ADS)
10.1 Initial Licensure
10.1.1 An applicant who is applying for licensure as acupuncture detoxification specialist must submit a completed application on a form prescribed by the Council and approved by the Board to the Board office at the Division of Professional Regulation ("Division"), Dover, Delaware. The application must be accompanied by payment of the fees established by the Division.
10.1.2 Each application must be accompanied by (1) proof of successful completion of the NADA auricular point protocol training program satisfactory to the Council and Board for the treatment of alcoholism, nicotine dependency, substance abuse, or chemical dependency that meets or exceeds the standards of training set by the NADA including instruction in clean needle technique and (2) evidence of a current license or certificate in good standing in a healthcare related profession as approved by the Council and the Board. Acceptable healthcare professionals include:
10.1.2.1 A Licensed chemical dependency professional;
10.1.2.2 A licensed nurse;
10.1.2.3 A licensed psychologist who works directly with chemically dependent clients of a chemical dependency program in the counseling or treatment of those clients;
10.1.2.4 A licensed social worker—clinical who works directly with the chemically dependent clients of a chemical dependency program in the counseling or treatment of those clients; and,
10.1.2.5 Any other licensed healthcare professional approved by the Council and Board.
10.1.2.6 Individuals certified by the National Association for Addictions Professionals, (NAADAC) as a national certified addictions counselor (NCAC or MAC), by the Delaware Certification Board (DCB Inc.) as a certified alcohol and drug counselor, or by a certifying organization acceptable to the Council and Board.
10.1.3 Exemption -individuals providing evidence of NADA certification obtained prior to July 27, 2010 shall not be required to provide evidence of licensure or certification in a healthcare profession.
10.2 Practice Setting Requirements
10.2.1 Acupuncture detoxification specialists may only perform the auricular point protocol within a state, federal, or other board approved alcohol, substance abuse, or chemical dependency program or other Council and Board approved healthcare setting. An approved healthcare setting other than state, federal, or other board approved alcohol, substance abuse, or chemical dependency program setting must be (1) pre-approved by the Council and Board, and (2) have a licensed acupuncturist or physician licensed to practice medicine on staff where the auricular point protocol is used as part of a multi disciplinary approach to treatment.
10.2.2 Acupuncture detoxification specialists are prohibited from practicing independently of an approved program or setting under Regulation 10.2.1.
10.3 License Renewal
10.3.1 Each license shall be renewed biennially. The failure of the Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Board's regulations and 24 Del.C. Ch. 17.
10.3.2 Renewal may be effected by:
10.3.2.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. License renewal may be accomplished online at www.dpr.delaware.gov;
10.3.2.2 providing other information as may be required by the Board to ascertain the licensee's good standing;
10.3.2.3 attesting to proof of current certification by NADA or an equivalent organization. If renewal of certification is not required by the organization the applicant for renewal as an ADS must attest that he or she has attended the NADA Annual Conference one time during the two year renewal period or has completed a NADA refresher course of at least 7 hours with a registered NADA trainer. Licensees shall retain all certificates and other documented evidence to verify their attestation under this paragraph for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.
10.3.2.4 payment of fees as determined by the Division.
10.3.3 Failure of a licensee to renew his/her license shall cause his/her license to expire. A licensee whose license has expired may renew his/her license within one year after the expiration date upon fulfilling items 10.3.2.1-10.3.2.4 above, certifying that he/she has not practiced as an acupuncture detoxification specialist in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division.
10.4 No licensee will be permitted to renew his/her license once the one-year period has expired.
10.5 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17.
10.6 No acupuncturist detoxification specialist shall practice auricular point protocol in the State of Delaware during the period of time that his/her Delaware license has expired.
16 DE Reg. 434 (10/01/12)
1795 Midwifery Advisory Council
24 Del. Admin. Code § 1795-1.0 Definitions
“Board” means Delaware Board of Medical Licensure and Discipline.
“Certified midwife” or “CM” means a practitioner who has received certification by the American Midwifery Certification Board (“AMCB”) or its equivalent or successor.
“Certified professional midwife” or “CPM” means a practitioner who has received certification by the North American Registry of Midwives (NARM) or its equivalent or successor.
“Council” means the Midwifery Advisory Council of the Board of Medical Licensure and Discipline.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-2.0 Ethical Standards for Midwives
2.1 The midwife shall refuse to provide or continue care and refer the woman to other professionals if the life or health of either the mother or baby is at risk as defined by these regulations.
2.2 The midwife works in partnership with each woman she serves. The midwife:
2.2.1 Offers her experience, care, respect, counsel and support to each woman she serves;
2.2.2 Freely shares her midwifery philosophy, professional standards, personal scope of practice and expertise, as well as any limitations imposed upon her practice by local regulatory agencies and state law;
2.2.3 Recognizes that each woman she cares for is responsible for her own health and well-being;
2.2.4 Accepts the right of each woman to make decisions about her general health care and her pregnancy and birthing experience;
2.2.5 Negotiates her role as caregiver with the woman and clearly identifies mutual and individual responsibilities, as well as fees for her services;
2.2.6 Communicates openly and interactively with each woman she serves;
2.2.7 Provides for the social, psychological, physical, emotional, spiritual and cultural needs of each woman;
2.2.8 Does not impose her value system on the woman;
2.2.9 Solicits and respects the woman’s input regarding her own state of health;
2.2.10 Respects the importance of others in the woman’s life.
2.3 Midwifery actions are prioritized to optimize well-being and minimize risk, with attention to the individual needs of each woman and baby. The midwife:
2.3.1 Supports the natural process of pregnancy and childbirth;
2.3.2 Provides continuous care, when possible, to protect the integrity of the woman’s experience and the birth and to bring a broad range of skills and services into each woman’s care;
2.3.3 Bases her choices of interventions on empirical and/or research evidence, verifying that the probable benefits outweigh the risks;
2.3.4 Strives to minimize technological interventions;
2.3.5 Demonstrates competency in emergencies and gives priority to potentially life-threatening situations;
2.3.6 Refers the woman or baby to appropriate professionals when either needs care outside her scope of practice or expertise;
2.3.7 Works collaboratively with other health professionals;
2.3.8 Continues to provide supportive care when care is transferred to another provider, if possible;
2.3.9 Maintains her own health and well-being to optimize her ability to provide care.
2.4 The midwife supports each woman's right to plan her care according to her needs and desires. The midwife:
2.4.1 Shares all relevant information in language that is understandable to the woman;
2.4.2 Supports the woman in seeking information from a variety of sources to facilitate informed decision-making;
2.4.3 Reviews options with the woman and addresses her questions and concerns;
2.4.4 Respects the woman’s right to decline treatments or procedures and properly documents her choices;
2.4.5 Develops and documents a plan for midwifery care together with the woman;
2.4.6 Clearly states and documents when her professional judgment is in conflict with the decision or plans of the woman;
2.4.7 Helps the woman access the type of care she has chosen;
2.4.8 Shall refuse to provide or continue care and refer the woman to other professionals if she deems the situation or the care requested to be unsafe or unacceptable;
2.4.9 Has the right and responsibility to transfer care in critical situations that she deems to be unsafe;
2.4.10 She refers the woman to other professionals and remains with the woman until the transfer is complete.
2.5 The midwife concludes the caregiving partnership with each woman responsibly. The midwife:
2.5.1 Continues her partnership with the woman until that partnership is ended at the final postnatal visit or until she or the woman ends the partnership and the midwife documents same;
2.5.2 Ensures that the woman is educated to care for herself and her baby prior to discharge from midwifery care;
2.5.3 Ensures that the woman has had an opportunity to reflect on and discuss her childbirth experience;
2.5.4 Informs the woman and her family of available community support networks and refers appropriately.
2.6 The midwife collects and records the woman’s and baby's health data, problems, decisions and plans comprehensively throughout the caregiving partnership. The midwife:
2.6.1 Keeps legible records for each woman, beginning at the first formal contact and continuing throughout the caregiving relationship;
2.6.2 Does not share the woman’s medical and midwifery records without her permission, except as legally required;
2.6.3 Reviews and updates records at each professional contact with the woman;
2.6.4 Includes the individual nature of each woman’s pregnancy in her assessments and documentation;
2.6.5 Uses her assessments as the basis for on-going midwifery care;
2.6.6 Documents the woman’s decisions regarding choices for care, including informed consent or refusal of care;
2.6.7 Makes records and other relevant information accessible and available at all times to the woman and other appropriate persons with the woman's knowledge and consent;
2.6.8 Files birth and death certificates or records as required by law.
2.7 The midwife continuously evaluates and improves her knowledge, skills and practice in her endeavor to provide the best possible care. The midwife:
2.7.1 Continuously involves the women for whom she provides care in the evaluation of her practice;
2.7.2 Uses feedback from the women she serves to improve her practice;
2.7.3 Collects her practice statistics and uses the data to improve her practice;
2.7.4 Informs each woman she serves of mechanisms for complaints and review;
2.7.5 Participates in continuing midwifery education and peer review;
2.7.6 May identify areas for research and may conduct and/or collaborate in research;
2.7.7 Shares research findings and incorporates these into midwifery practice as appropriate.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-3.0 Midwifery Record Keeping
3.1 Every midwife shall:
3.1.1 Document completely and accurately the client's history, physical exam, laboratory test results, prenatal visits, consultation reports, referrals, labor and birth care, postpartum care and visits, and neonatal evaluations at the time midwifery services are delivered and when reports are received;
3.1.2 Complete birth and death certificates as required by state law;
3.1.3 Facilitate clients' access to their own records;
3.1.4 Maintain the confidentiality of client records;
3.1.5 Retain records for a minimum of seven years;
3.1.6 Clearly state and document when a woman’s choices fall outside the midwife’s legal scope of practice or expertise;
3.1.7 Provide infant medical records for newborns either to mother or the infant health care provider.
3.2 Client records must clearly document objective findings, decisions and professional actions, and must contain the following information:
3.2.1 Patient name;
3.2.2 Patient date of birth;
3.2.3 Patient address;
3.2.4 Past pregnancy history, including gravidity, parity, dates, methods of deliver, outcomes, and any complications;
3.2.5 Past medical history, including hypertension, cardiac disease, renal disease, neurological disease, psychiatric illness, diabetes, pulmonary disease, gastrointestinal disease, thyroid or endocrine disorder, gynecologic disease, cancer, hematologic disease, infectious disease, sexually transmitted disease, HIV, musculoskeletal disorder;
3.2.6 Allergies;
3.2.7 Past surgical history including dates, type, outcomes, and any complications;
3.2.8 Social history, including alcohol use, smoking, drug abuse, domestic violence, occupation;
3.2.9 Family history, including medical diseases, genetic disorders, congenital anomalies, multiple gestations;
3.2.10 Physical exam to include vital signs, height, weight, basic exam;
3.2.11 Estimated date of delivery and how calculated;
3.2.12 Number of visits;
3.2.13 Prenatal lab results;
3.2.14 Special test results, such as ultrasound, genetic testing or screening, biophysical profile, and non-stress test;
3.2.15 Maternal complications;
3.2.16 Fetal complications;
3.2.17 Fetal anomalies;
3.2.18 Intrauterine growth restriction, large for gestation, oligohydramnios, polyhydramnios;
3.2.19 Estimated gestational age;
3.2.20 Date and time of birth of infant;
3.2.21 Date and time of delivery of placenta;
3.2.22 Length of each stage of labor;
3.2.23 Date and time of rupture of membranes;
3.2.24 Fetal heart rate during labor;
3.2.25 Documentation of labor progress;
3.2.26 Method of delivery;
3.2.27 Whether the delivery was at home;
3.2.28 Whether transfer to the hospital was necessary and if so, for what reason;
3.2.29 Estimated blood loss;
3.2.30 Administration of any medications;
3.2.31 Intrapartum, delivery, or postpartum complications including but not limited to meconium, shoulder dystocia, hemorrhage, atony, tears or lacerations, arrest disorder, infection, prolapsed cord, bradycardia, fetal distress;
3.2.32 Date and time of birth;
3.2.33 APGAR score;
3.2.34 Gender of infant;
3.2.35 Weight, length, heart rate of infant;
3.2.36 Newborn physical exam and screening;
3.2.37 Medications given, including vitamin K;
3.2.38 Neonatal complications including infection, apnea, bradycardia, hyperbilirubinemia, anomalies, hypoglycemia;
3.2.39 Breastfeeding or not;
3.2.40 Postpartum complications, if any;
3.2.41 Birth control method.
3.3 Every midwife shall have 30 days from the closure of the record or the assembly of a complete record to fulfill a request for medical records.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-4.0 Home Birth
4.1 A midwife offering home birth services shall only accept and provide care to those women who are classified as being low risk pregnancy, labor, and delivery. Low risk pregnancy, labor, and delivery means:
4.1.1 There is no preexisting maternal disease or condition likely to affect the pregnancy, including but not limited to:
4.1.1.1 Prior cesarean procedures;
4.1.1.2 Significant cardiac disease;
4.1.1.3 Active tuberculosis;
4.1.1.4 Asthma, if severe or uncontrolled by medication, or other chronic pulmonary disease;
4.1.1.5 Preexisting renal disease;
4.1.1.6 Hepatic disorders;
4.1.1.7 Untreated or uncontrolled endocrine disorders;
4.1.1.8 Significant hematological disorders;
4.1.1.9 Preexisting/uncontrolled neurologic disorders;
4.1.1.10 Essential hypertension;
4.1.1.11 Active cancer;
4.1.1.12 Pre-gestational diabetes mellitus;
4.1.1.13 History of newborn with group B strep disease;
4.1.1.14 Current substance addiction or abuse;
4.1.1.15 Current severe psychiatric illness;
4.1.1.16 History of Rh red cell isoimmunization;
4.1.1.17 Positive for HIV antibody or hepatitis B;
4.1.1.18 Primary or uncontrolled infections;
4.1.1.19 History of uterine surgery involving breach of the uterine wall;
4.1.1.20 Prior neonatal death related to an intrapartum event;
4.1.1.21 Primary post-partum hemorrhage requiring surgery.
4.1.2 There is no significant disease or condition arising from the pregnancy, including:
4.1.2.1 Onset of labor before the 37th week of gestation with a positive GBS or GBS status unknown;
4.1.2.2 Lie other than vertex at term;
4.1.2.3 Multiple gestations;
4.1.2.4 Significant vaginal bleeding;
4.1.2.5 Significant gestational hypertension;
4.1.2.6 Gestational diabetes mellitus, uncontrolled by diet;
4.1.2.7 Hemoglobin less than 10 mg/dl, not responsive to treatment;
4.1.2.8 Evidence of pre-eclampsia;
4.1.2.9 Consistent size/date discrepancy;
4.1.2.10 Deep vein thrombosis or other significant hematologic syndrome;
4.1.2.11 Known fetal anomalies or conditions that would render a home birth unsafe;
4.1.2.12 Threatened or spontaneous abortion in the second trimester or later;
4.1.2.13 Abnormal ultrasound findings requiring a higher level of care;
4.1.2.14 Red cell isoimmunization with rising titer;
4.1.2.15 Documented placental anomaly or late term previa;
4.1.2.16 Rare diseases or disorders outside of the midwife’s scope of care;
4.1.2.17 Postdates pregnancy;
4.1.2.18 HIV infection;
4.1.2.19 Primary or uncontrolled infections;
4.1.2.20 Significant decreased fetal responsiveness or evidence of non-reassuring fetal status.
4.1.3 There is a singleton fetus.
4.1.4 There appears to be a cephalic presentation prior to delivery.
4.1.5 The onset of labor occurs when the fetus has a gestational age greater than 37 and 0/7 weeks and less than 42 completed weeks, unless GBS positive or GBS status unknown.
4.1.6 Labor is most likely to be spontaneous.
4.2 The following equipment must be present at every home birth and the midwife must be properly trained on the use of each piece of equipment:
4.2.1 Equipment for assessing maternal well-being:
4.2.1.1 Blood pressure cuff;
4.2.1.2 Stethoscope;
4.2.1.3 Thermometer;
4.2.1.4 Time keeping device with the ability to track seconds.
4.2.2 Equipment for assessing fetal well-being:
4.2.2.1 Doppler and Fetoscope.
4.2.3 Equipment for assessing newborn well-being:
4.2.3.1 Stethoscope;
4.2.3.2 Thermometer;
4.2.3.3 Blood glucose monitor;
4.2.3.4 Pulse oximeter;
4.2.3.5 Time keeping device with the ability to track seconds.
4.2.4 Supplies to maintain asepsis:
4.2.4.1 Sterile gloves;
4.2.4.2 Antiseptic hand cleanser;
4.2.4.3 Paper towels;
4.2.4.4 Protective gowns;
4.2.4.5 Eye shields;
4.2.4.6 Surgical face masks;
4.2.4.7 Protective fluid-resistant barrier;
4.2.4.8 Sterile cord occlusive device;
4.2.4.9 General purpose antiseptic;
4.2.4.10 Sterile gauze;
4.2.4.11 Speculum;
4.2.4.12 Scissors;
4.2.4.13 Hemostats;
4.2.4.14 Ring forceps;
4.2.4.15 Sterile barrier;
4.2.4.16 Needle holder;
4.2.4.17 Sutures.
4.2.5 Maternal emergency resuscitation equipment:
4.2.5.1 Ammonia inhalants;
4.2.5.2 Suction catheter;
4.2.5.3 Cuffless oral/nasal tube;
4.2.5.4 Benadryl;
4.2.5.5 Pepcid;
4.2.5.6 Epinephrine;
4.2.5.7 Dextrose;
4.2.5.8 0.9% Sodium Chloride;
4.2.5.9 Needles;
4.2.5.10 Angiocath;
4.2.5.11 10 cc syringe;
4.2.5.12 1 cc syringe;
4.2.5.13 Alcohol swabs;
4.2.5.14 Gauze;
4.2.5.15 Nasal cannula or mask;
4.2.5.16 Lactated ringers.
4.2.6 Newborn emergency resuscitation equipment;
4.2.6.1 Suction device;
4.2.6.2 Neo-natal resuscitation bag, mask, and board;
4.2.6.3 Feeding tube;
4.2.6.4 Endotracheal tube laryngoscope;
4.2.6.5 Meconium aspirator;
4.2.6.6 Epinephrine;
4.2.6.7 Needles;
4.2.6.8 1 cc syringe;
4.2.6.9 Alcohol swabs;
4.2.6.10 Gauze;
4.2.6.11 Oxygen.
4.3 A midwife must ensure that every location where a homebirth will occur is equipped with all of the following:
4.3.1 Running water;
4.3.2 A room with heat.
4.4 Administration of Prescribed Medications and Authorized Tests:
4.4.1 Upon the administration of any prescribed medication, the Midwife shall document in the client's chart the type of prescribed medication administered, name of prescribed medication, expiration date, lot number, dosage, method of administration, site of administration, date, time, and the prescribed medication's effect.
4.4.2 Administration of Approved Prescribed Medications by a Midwife includes:
4.4.2.1 Rh-immune globulin to Rh negative, antibody negative mothers, for the prevention of isoimmunization in Rh (D) negative women. One 300 microgram dose (or as recommended by the manufacturer) at 26-28 weeks gestation via intramuscular injection. In addition, one 300 microgram dose (or as recommended by the manufacturer) administered via intramuscular injection to the mother within 72 hours of delivery of an Rh positive infant (or an infant with unknown blood type) to an Rh negative, antibody negative mother. If mother does not deliver by 12 weeks after the dose is administered, mother must be administered another dose of Rh-immune globulin.
4.4.2.2 Oxytocin (Pitocin) for postpartum hemorrhage or, following delivery of the newborn to prevent postpartum hemorrhage. One or two doses of 10 units/ml may be administered via intramuscular injection. If a second dose is administered, for any reason, transport must be initiated in accordance with the emergency plan.
4.4.2.3 Methylergonovine (Methergine) for postpartum hemorrhage only; one 0.2 mg per 1 ml dose ampule administered via intramuscular injection. Every six hours, may repeat 3 times. Contraindicated in hypertension and Raynaud’s Disease. If Methylergonovine (Methergine) is administered more than 3 times, transport must be initiated in accordance with the emergency plan.
4.4.2.4 Misoprostol (Cytotec) for postpartum hemorrhage only. Rectal or sublingual, or may be used as ½ rectally and ½ sublingually. 800 mcg dose (four 200 mcg tabs) administered rectally or a 400-600 mcg dose (two or three 200 mcg tabs) administered sublingually. 1-2 doses; not to exceed 800 mcg total. Transport to hospital required if more than 2 doses are administered.
4.4.2.5 Oxygen 10-12 L/min. for maternal /fetal distress; bag or bag and mask until stabilization is achieved or transfer to a hospital is complete.
4.4.2.6 Erythromycin Ophthalmic Ointment to a newborn, for prophylaxis of neonatal ophthalmia, as provided by Delaware law. A single topical dose of Erythromycin Ophthalmic, Ointment USP (0.5%) is to be administered within two (2) hours after birth via topical application of a ribbon of ointment approximately 1 cm in length into each eye.
4.4.2.7 Vitamin K1 (phylloquinone, phytonadione) to a newborn, as prophylaxis for vitamin K deficiency bleeding. One 1 mg dose of 2 mg / ml concentration vitamin K1 via intramuscular injection.
4.4.2.8 Lidocaine HCl 1% or 2% Local anesthetic for use during postpartum repair of lacerations Maximum 50 ml (1%), Maximum 15 ml (2%) percutaneous infiltration only.
4.4.2.9 Epinephrine HCl 1:1000 (Epi-Pen Twin Jet® auto injector adult ≥66 lbs.) Treatment or post exposure prevention of severe allergic reactions. 0.3 ml-1.5 mg pre-metered dose as directed. Administer first dose then immediately request emergency services. Thereafter, administer every 20 minutes or until emergency medical services arrive.
4.4.2.10 If IV therapy is initiated for blood loss, transport must be initiated in accordance with the emergency plan. The preferred drug list of IV fluids necessary to restore fluid volume lost due to postpartum hemorrhage consists of:
4.4.2.10.1 Lactated Ringers (LR); 1 - 2 liter bags - first liter run in at a wide open rate, via intravenous catheter, the second liter titrated to client’s condition.
4.4.2.10.2 Lactated Ringers solution (D5LR); 500 ml - may run in at a wide open rate, via intravenous catheter, and then titrated to client’s condition.
4.4.2.11 Clients found to have a culture indicated Group B Streptococcal Infection should be treated with appropriate antibiotics during labor according to CDC guidelines.
4.4.2.11.1 0.9% sodium chloride in sterile water (NS) for reconstitution of the antibiotic.
4.4.2.11.2 Penicillin G: 5 million units initial dose then 2.5 million units every four hours until birth IV in >100 ml LR or NS; or Ampicillin sodium: 2 grams initial dose, then 1 gram every four hours until birth IV in > 100 mg LR, NS or D5LR.
4.4.2.11.3 For clients found to have Group B Streptococcal infection with a history of penicillin allergy, antibiotics to which the strain of Group B Streptococcus carried by the client is sensitive must be determined prior to labor and the client must be treated with those antibiotics during labor as outlined by the CDC guidelines.
4.5 Emergency Care: The following procedures may be performed by the Midwife, only in an emergency situation in which the health and safety of the mother or newborn are determined to be at risk.
4.5.1 Administration of oxygen
4.5.2 Episiotomy
4.5.3 Administration of Pitocin, Methergine or Cytotec to control postpartum bleeding
4.5.4 If any of the following conditions arise during intrapartum or postpartum care, the midwife must immediately engage emergency medical services, and may continue to assist in the emergency:
4.5.4.1 Persistent abnormal bleeding;
4.5.4.2 Signs or symptoms of maternal or fetal infection;
4.5.4.3 Transverse lie or any other unresolvable malpresentation;
4.5.4.4 Visualization of active genital herpetic lesion;
4.5.4.5 Development of pre-eclampsia or gestational hypertension;
4.5.4.6 Abnormal findings on rupture of membranes;
4.5.4.7 Seizure;
4.5.4.8 Significant hemorrhage, greater than 1,000 cc with symptoms, not responsive to treatment;
4.5.4.9 Adherent or retained placenta;
4.5.4.10 Sustained maternal vital sign instability;
4.5.4.11 Suspected uterine prolapse;
4.5.4.12 Repair of laceration or episiotomy beyond the midwife’s level of expertise;
4.5.4.13 Anaphylaxis;
4.5.4.14 Need for cardiopulmonary resuscitation of the mother or newborn with a bag and mask;
4.5.4.15 Need for manual exploration of the uterus for placental extraction to control severe bleeding.
4.5.5 A second attendant, certified in neonatal resuscitation, must be present at every home birth.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-5.0 Prohibitions in the Practice of Midwifery
5.1 The Midwife shall not administer any prescribed medications or injections of any kind, except as indicated in these regulations.
5.2 The Midwife shall not use synthetic prostaglandin compounds for the induction of labor for out-of-hospital use, even when prescribed by a physician.
5.3 Intrapartum (first and second stages of labor) use of oxytocics, such as Pitocin and Methergine, is prohibited through all routes of administration.
5.4 Surgical Procedures. The Midwife shall not perform any operative procedures or surgical repairs other than:
5.4.1 Sterile artificial rupture of membranes (AROM);
5.4.2 Aseptic performance and repair of episiotomy;
5.4.3 Perineal/vaginal repair if within the midwife’s abilities;
5.4.4 Clamping and cutting of the newborn's umbilical cord.
5.5 Instrumental Delivery. The Midwife shall not use forceps or vacuum extraction to assist the birth of the baby.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-6.0 Prenatal Care
6.1 During prenatal care, the midwife or other licensed health care provider shall follow a regular schedule of prenatal care with increasing frequency towards term. The responsibilities of the midwife during this time include:
6.1.1 Initial Prenatal Visit:
6.1.1.1 History and assessment of general health;
6.1.1.2 History and assessment of obstetric and psychosocial status;
6.1.1.3 Discussion of current CDC recommendations for immunization during pregnancy;
6.1.1.4 Physical Exam, including:
6.1.1.4.1 Height;
6.1.1.4.2 Weight;
6.1.1.4.3 Blood pressure;
6.1.1.4.4 Pulse;
6.1.1.4.5 Breast exam;
6.1.1.4.6 Abdomen, to include fundal height, fetal heart tones, fetal lie, and presentation;
6.1.1.4.7 Estimation of gestational age;
6.1.1.4.8 Assessment of varicosities, edema, and reflexes.
6.1.1.5 The midwife must complete the following laboratory tests at the initial prenatal visit:
6.1.1.5.1 Hemoglobin or hematocrit or CBC;
6.1.1.5.2 Urinalysis for protein and glucose;
6.1.1.5.3 Syphilis serology;
6.1.1.5.4 Blood group, Rh type, and antibody screen;
6.1.1.5.5 Hepatitis B surface antigen;
6.1.1.5.6 Rubella screen;
6.1.1.5.7 Gonorrhea test;
6.1.1.5.8 Chlamydia test;
6.1.1.5.9 HIV test;
6.1.1.5.10 Urine culture.
6.1.1.6 The midwife must provide appropriate prophylactic antibiotic therapy for GBS positive clients pursuant to CDC guidelines.
6.1.1.7 The midwife should consider genetic testing, urine drug screen, and Hepatitis C testing as indicated.
6.1.2 On-going Prenatal Care:
6.1.2.1 Assessment of general health;
6.1.2.2 Assessment of psychosocial health;
6.1.2.3 Nutritional counseling;
6.1.2.4 Physical Exam to include, but not limited to:
6.1.2.4.1 Blood pressure;
6.1.2.4.2 Weight;
6.1.2.4.3 Abdomen, to include fundal height, fetal heart tones, fetal lie, and presentation;
6.1.2.4.4 Estimation of gestational age by physical findings;
6.1.2.4.5 Assessment of varicosities, edema and reflexes.
6.1.2.5 The midwife must offer the following laboratory tests:
6.1.2.5.1 Hemoglobin, hematocrit, or CBC between 28 and 32 weeks;
6.1.2.5.2 Gross urinalysis for protein and glucose at each visit;
6.1.2.5.3 Glucose Tolerance Test;
6.1.2.5.4 Group Beta Strep (GBS) cultures, according to CDC guidelines. If penicillin allergic, determine antibiotics to which the strain of GBS carried by the client is sensitive and treat appropriately during labor;
6.1.2.5.5 Herpes (HSV 1 or HSV 2) cultures, if indicated;
6.1.2.5.6 Prophylactic Rh-immune globulin information for Rh negative clients;
6.1.2.5.7 Urine Drug Screen.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-7.0 Intrapartum Care
7.1 During labor, the midwife shall monitor and support the natural process of labor and birth, assessing mother and baby throughout the birthing process. The responsibilities of the midwife shall include, but are not limited to:
7.1.1 Assess & monitor fetal well-being. While in attendance, assess fetal heart beats:
7.1.1.1 1st Stage of labor: at least once every hour, or more frequently as indicated;
7.1.1.2 2nd Stage of labor: at least every 10 minutes, or more frequently as indicated.
7.1.2 During active labor, assess vital signs at least every 4 hours, or more frequently as indicated:
7.1.3 Monitor the progress of labor;
7.1.4 Assess cervical dilatation, effacement, station, and position during each exam and document in client's chart;
7.1.5 Monitor membrane status for rupture, relative fluid volume, odor, and color of amniotic fluid;
7.1.6 Assist in birth of baby;
7.1.7 Inspect placenta and membranes.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-8.0 Postpartum Care
8.1 After the birth of the baby, the midwife shall assess, monitor, and support the mother during the immediate postpartum period until the mother is in stable condition and during the on-going postpartum period. The responsibilities of the midwife shall include, but are not limited to:
8.1.1 Immediate Postpartum Care:
8.1.1.1 Assess and monitor overall maternal well-being;
8.1.1.2 Assess and monitor bleeding;
8.1.1.3 Assess and monitor vital signs;
8.1.1.4 Assess abdomen, including fundal height and firmness;
8.1.1.5 Assess and monitor bowel and bladder function;
8.1.1.6 Complete a perineal exam and assessment;
8.1.1.7 Complete suture laceration or episiotomy within the midwife’s level of expertise.
8.1.2 On-going Postpartum Care:
8.1.2.1 Assess and monitor overall maternal well-being;
8.1.2.2 Assess and monitor bleeding;
8.1.2.3 Assess abdomen, including fundal height and firmness;
8.1.2.4 Assess and monitor bowel and bladder function;
8.1.2.5 Assess and monitor vital signs;
8.1.2.6 Complete a perineal exam and assessment.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-9.0 Newborn Care
9.1 After the birth of the baby, the midwife shall assess, monitor, and support the baby during the immediate postpartum period until the baby is in stable condition and during the on-going postpartum period.
9.1.1 Immediate Newborn Care:
9.1.1.1 Assess overall newborn well-being;
9.1.1.2 Monitor vital signs;
9.1.1.3 Assess and monitor color;
9.1.1.4 Assess and monitor tone and reflexes;
9.1.1.5 Assess APGAR scores at 1 and 5 minutes, and at 10 minutes when indicated;
9.1.1.6 Assess and monitor temperature;
9.1.1.7 Monitor feeding;
9.1.1.8 Assess and monitor bowel and bladder function;
9.1.1.9 Assess and monitor breathing;
9.1.1.10 Clamping/cutting of umbilical cord;
9.1.1.11 Newborn physical exam, including weight and measurements;
9.1.1.12 Eye prophylaxis;
9.1.1.13 Administration of Vitamin K, orally, or intramuscularly.
9.1.2 Ongoing Newborn Care:
9.1.2.1 Monitor vital signs, including color and temperature;
9.1.2.2 Monitor tone and reflexes;
9.1.2.3 Monitor feeding;
9.1.2.4 Monitor breathing;
9.1.2.5 Monitor bowel and bladder function;
9.1.2.6 Monitor weight gain;
9.1.2.7 Newborn screenings as per Delaware law;
9.1.2.8 Recommend every newborn see a pediatrician within 72 hours of delivery.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-10.0 Duty to Update Address
Midwives must provide the Division of Professional Regulation his/her current home mailing address. Any change in home mailing address must be reported to the Division within ten days of such change. All notifications and correspondence pertaining to a Midwife’s license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current home mailing address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-11.0 Disciplinary Proceedings
11.1 The license of a Midwife found to have committed unprofessional conduct may be subject to revocation, suspension, probation, denial, non-renewal, fine, censure, or a letter of reprimand.
11.2 Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, dishonesty or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare including, without limitation, the following:
11.2.1 Performing acts beyond the scope of authorized practice by a midwife to include violations of 24 Del.C. §1799AA et seq. or of these regulations.
11.2.2 Assuming duties and responsibilities within the practice of midwifery without adequate preparation or supervision or when competency has not been maintained.
11.2.3 Performing new midwifery techniques or procedures without adequate education and practice or without proper supervision.
11.2.4 Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices.
11.2.5 Inaccurately recording on, falsifying or altering a patient record.
11.2.6 Committing verbal, physical or sexual abuse or harassment of patients or co-workers.
11.2.7 Allowing unqualified persons to perform the practice of licensed midwifes.
11.2.8 Delegating midwifery responsibilities to unqualified persons.
11.2.9 Failing to supervise persons to whom midwifery responsibilities have been properly delegated.
11.2.10 Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations.
11.2.11 Failing to safeguard a patient’s dignity and right to privacy in providing midwifery services which shall be provided without regard to race, color, creed or sexual orientation.
11.2.12 Violating the confidentiality of information concerning a patient except where disclosure is required by law.
11.2.13 Practicing midwifery when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired.
11.2.14 Diverting drugs, supplies, or property of a patient or attempting to do so.
11.2.15 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so.
11.2.16 Providing midwifery in this State without a currently valid license or permit and without other lawful authority to do so.
11.2.17 Allowing another person to use his/her license to provide midwifery for any purpose.
11.2.18 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a midwife or other health care provider.
11.2.19 Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice midwifery.
11.2.20 Failing to report unprofessional conduct by another midwife licensee or permit holder.
11.2.21 Violating a lawful provision of Title 24, Chapter 17, Subchapter 13, or any lawful regulation established thereunder.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-12.0 Continuing Education
12.1 Contact Hours Required for Renewal
12.1.1 The midwife shall be required to complete thirty hours of continuing education acceptable to the Council biennially.
12.1.2 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of this Section.
12.1.3 Attestation may be completed electronically at the time of online renewal.
12.1.4 The midwife shall retain all certificates and other documented evidence of participation in an approved continuing education program for a period of at least three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes.
12.1.5 Continuing education hours shall be prorated for new licensees in accordance with the following schedule: Two years remaining in the licensing cycle requires thirty hours. One year or more, but less than two years, remaining in the licensing cycle requires fifteen hours. Licensees obtaining initial licensure with less than one year remaining in the licensing cycle are exempt from the continuing education requirement.
12.2 Exemptions and Extensions
12.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply to the Council for a waiver. A waiver may provide for an extension of time or an exemption from some or all of the continuing education requirements for one renewal period. A separate request must be submitted for every renewal period during which a waiver is requested.
12.2.2 A request for a waiver must be submitted sixty days prior to the license renewal date.
12.2.3 Requests for Extension - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve months to make up all outstanding required hours providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Council shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must be received prior to the renewal deadline. The Council shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required hours. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Council. Make-up credits may not be used in the next renewal period.
12.3 Acceptable Continuing Education. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is whether the program is a planned program of learning that contributes directly to the professional competence of the midwife. Continuing education contact hours awarded for activities or programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations, all other contact hours must be submitted to the Council for approval:
12.3.1 North American Registry of Midwives
12.3.2 Accreditation Commission for Midwifery Education
12.3.3 The Delaware Board of Medical Licensure and Discipline
12.3.4 The Delaware Board of Nursing
12.3.5 Other professional or educational organizations as approved periodically by the Council.
12.4 Audit of Continuing Education Hours
12.4.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council, to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
12.4.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Council shall attempt to verify the hours shown on the documentation provided by the licensee. Upon completion of the review, the Council will determine whether the licensee's hours meet the requirements of these regulations.
12.4.2.1 Any continuing education not meeting all provisions of these regulations shall be rejected in part or in whole by the Council.
12.4.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council.
12.4.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period.
12.4.3 Council Review and Hearing Process. The Council shall review all documentation requested of any licensee shown on the audit list. If the Council initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing will be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if the licensee has met the requirement and if not, if there are any extenuating circumstances justifying the noncompliance with these requirements. Unjustified noncompliance with these regulations shall be considered unprofessional conduct in the practice of midwifery and subject to discipline.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-13.0 Application for a License
13.1 Application. An application for a license to practice Midwifery must be completed on a form provided by the Council and returned to the Division of Professional Regulation with the required, non-refundable fee.
13.2 An application for a license to practice midwifery shall be considered completed when the Division has received the following documentation:
13.2.1 Non-refundable application fee;
13.2.2 Completed application for licensure;
13.2.3 Copy of either a high school transcript or diploma, or evidence of completion of a higher level of education;
13.2.4 Credential from either NARM or AMCB;
13.2.5 Verification of Basic Life Support and Neonatal Resuscitation certifications;
13.2.6 Letters of good standing from all other states where the applicant is licensed, if applicable;
13.2.7 Copy of either the applicant’s birth certificate, passport, driver’s license, or identification card issued by the applicant’s state of residence;
13.2.8 Documentation of completion of a course in pharmacology and IV therapy acceptable to the Council;
13.2.8.1 A course in pharmacology acceptable to the Council is offered by a postsecondary educational institution accredited by an accrediting board recognized by the Council for Higher Education Accreditation of the American Council on Education or is a program or course approved by the Midwifery Education and Accreditation Council (“MEAC”); or;
13.2.8.2 Is, at a minimum, eight clock hours in length and includes basic pharmacotherapeutic principles and administration of medications and includes the following elements:
13.2.8.2.1 Mechanism of Pharmacological Action;
13.2.8.2.2 Indications;
13.2.8.2.3 Therapeutic Effects;
13.2.8.2.4 Side Effects/Adverse Reactions;
13.2.8.2.5 Contraindications;
13.2.8.2.6 Incompatibilities/Drug Interactions;
13.2.8.2.7 Drug administration including:
13.2.8.2.7.1 Dosage;
13.2.8.2.7.2 Dosage Form and Packaging;
13.2.8.2.7.3 Routes of Administration;
13.2.8.2.7.4 Onset of Action;
13.2.8.2.7.5 Peak Effect;
13.2.8.2.7.6 Duration of Action.
13.2.8.2.8 Appropriate injection sites;
13.2.8.2.9 Procedures for drawing up and administering drugs;
13.2.8.2.10 Proper disposal of hazardous and other contaminated materials;
13.2.8.2.11 Administration of medications through injection, which includes:
13.2.8.2.11.1 Universal precautions including the use and disposal of sharps;
13.2.8.2.11.2 Safe injection practices.
13.2.8.2.12 Equipment, including:
13.2.8.2.12.1 Needles;
13.2.8.2.12.2 Filter Needles (for use with glass ampules);
13.2.8.2.12.3 Syringes;
13.2.8.2.12.4 Skin surface disinfectants;
13.2.8.2.12.5 Medication containers (ampules, single use vials);
13.2.8.2.13 Student demonstration of competence in administering medications.
13.2.8.3 A course in IV therapy acceptable to the Council is offered by a post-secondary educational institution accredited by an accrediting board recognized by the Council for Higher Education Accreditation of the American Council on Education, is a program or course approved by the Midwifery Education and Accreditation Council (“MEAC”), or;
13.2.8.4 Is at least at least six clock hours in length and includes basic principles of the administration of medications intravenously and includes the following elements:
13.2.8.4.1 Basic principles of intravenous therapy, including when to initiate and when to discontinue IV therapy;
13.2.8.4.2 Purpose of IV fluid therapy;
13.2.8.4.3 Safe infusion and infection control practices;
13.2.8.4.4 Equipment;
13.2.8.4.5 Appropriate sites;
13.2.8.4.6 Procedure and technique;
13.2.8.4.7 Rate of administration;
13.2.8.4.8 Care of equipment;
13.2.8.4.9 Proper disposal of hazardous and other contaminated materials;
13.2.8.4.10 Student demonstration of competence in the ability to administer IV fluids.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-14.0 Renewal of Licenses
14.1 Each license shall be renewed biennially. The failure of the Council/Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate.
14.2 Renewal may be effected by completing all of the following:
14.2.1 Filing a renewal application online at www.dpr.delaware.gov;
14.2.2 Attesting on the renewal application to completing the continuing education as required by these regulations;
14.2.3 Paying fees determined by the Division of Professional Regulation;
14.2.4 Attesting on the renewal application to possession of credential from either NARM or AMCB;
14.2.5 Attesting on the renewal application that Basic Life Support and Neonatal Resuscitation certifications are current.
14.3 Failure of a licensee to renew his/her license shall cause his/her license to expire.
14.3.1 A licensee whose license has expired may renew his/her license within sixty days after the expiration date upon fulfilling the requirements in subsection 14.2 above, certifying that he/she has not practiced midwifery in Delaware while his/her license was expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation. All late renewals shall be audited for compliance with CE renewal requirements.
14.4 A license may be placed on inactive status at the request of a licensee for no more than five years. An inactive license will convert to expired if it is not reinstated within five years.
14.4.1 An inactive license may be reinstated if the licensee provides all of the following:
14.4.1.1 Payment of the reinstatement fee established by the Division of Professional Regulation;
14.4.1.2 Documentation of thirty hours of continuing education completed within the six months immediately preceding the request for reinstatement;
14.4.1.3 Documentation of current credential from either NARM or AMCB;
14.4.1.4 Documentation of current Basic Life Support and Neonatal Resuscitation certifications.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-15.0 Community Peer Review
15.1 A midwife must participate in peer review with midwives, physicians, or nurses at least every six months.
15.2 A midwife must encourage her midwifery students to participate in peer review.
15.3 Peer review must include, at a minimum, a discussion of all of a midwife’s transfers and adverse outcomes since the time of the last peer review.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-16.0 Students
16.1 A midwifery student may only practice under the direct supervision of a licensed midwife.
16.2 Direct supervision means that a licensed midwife will be personally present and immediately available within the treatment area to provide aid, direction, and instruction when procedures are being performed. All evaluations, progress notes, or chart entries must be co-signed by a licensed midwife.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
24 Del. Admin. Code § 1795-17.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals – The Delaware Professionals’ Health Monitoring Program
17.1 If information regarding a suspected chemically dependent or impaired licensee is received by the Council, the Council shall immediately notify the Division of Professional Regulation.
17.2 Upon receipt of information concerning a suspected chemically dependent or impaired licensee, the Division of Professional Regulation or its designee shall contact the licensee and inform him or her of the report, provide the licensee information describing the Delaware Professional Health Monitoring Program (DPHMP), and give him or her the opportunity to enter the DPHMP.
17.3 In order for the licensee to participate in the DPHMP, he/she shall execute a monitoring agreement.
17.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the DPHMP and continue to practice, subject to any limitations on practice imposed by either the DPHMP or the Board following a determination that disciplinable conduct has occurred.
17.5 Failure to cooperate fully with the DPHMP, the Division, or any employee of the same, or to comply with their requests for evaluations and screens may disqualify the licensee from the provisions of the DPHMP and there may be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
17.6 The DPHMP may require a licensee to execute a monitoring agreement that includes, but is not limited to, the following provisions:
17.6.1 Evaluation and entry into a treatment program.
17.6.2 Consent of the licensee, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
17.6.3 Agreement by the licensee to be personally responsible for all costs and charges associated with the DPHMP and any associated treatment programs.
17.6.4 Agreement by the licensee that failure to satisfactorily progress shall be reported to the Division of Professional Regulation for investigation and the institution of disciplinary proceedings.
17.6.6 Compliance with any terms or restrictions placed on professional practice as outlined in the monitoring agreement under the DPHMP.
17.7 The licensee’s records of participation in the DPHMP will not reflect disciplinary action if the licensee voluntarily entered the Program and shall not be considered public records open to public inspection. However, the Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
17.8 Any licensee who complies with all of the terms and completes the DPHMP shall have his/her confidentiality protected.
History
- 22 DE Reg. 234 (09/01/18)
- 20 DE Reg. 62 (07/01/16)
- 22 DE Reg. 234 (09/01/18)
1799 Genetic Counselor Advisory Council
24 Del. Admin. Code § 1799-1.0 Source of Authority
The Rules and Regulations herein contained constitute, comprise, and shall be known as the Rules and Regulations of the Genetic Counselor Advisory Council of the Board of Medical Licensure and Discipline, and are hereby promulgated, pursuant to 24 Del.C. §1799I(c).
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-2.0 Definitions
Whenever used in these Rules and Regulations unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated.
"Board" means Delaware Board of Medical Licensure and Discipline.
"Council" means the Genetic Counselor Advisory Council of the Board of Medical Licensure and Discipline.
"Crime Substantially Related to the Practice of Genetic Counseling" means those crimes identified in Section 15.0 of the Rules and Regulations of the Board of Medical Licensure and Discipline.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-3.0 Purpose
The purpose of the rules and regulations is to establish minimal acceptable levels of safe practice to protect the general public and to serve as a guide for the Council and Board to evaluate the safe and effective practice of genetic counseling.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-4.0 Renewal of License
4.1 Each license shall be renewed biennially. The failure of the Council and/or Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the regulations of the Council and 24 Del.C. Ch. 17, Subchapter 11.
4.2 License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
4.2.1 attestation of completion of the continuing education required by Section 5.0; and
4.2.2 payment of fees as determined by the Division of Professional Regulation.
4.3 As a condition of renewal, each licensee shall maintain his/her certification with the American Board of Genetic Counseling, the American Board of Medical Genetics, or an organization that is recognized as equivalent.
4.4 As a condition of renewal, the licensee shall provide the Council with any other information as may be required by the Council to ascertain the licensee's good standing.
4.5 Failure of a licensee to renew his/her license shall cause his/her license to expire. A licensee whose license has expired may renew his/her license within one (1) year after the expiration date upon fulfilling subsections 4.2 - 4.4 above, certifying that he/she has not practiced genetic counseling in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation.
4.6 No licensee will be permitted to renew his/her license once the one (1) year period has expired.
4.7 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17, Subchapter 11.
4.8 No genetic counselor shall practice in the State of Delaware during the period of time that his/her Delaware license has expired.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-5.0 Continuing Education
5.1 Continuing Education Credit Hours Required for Renewal
5.1.1 Licensees are required to complete three (3) Continuing Education Units (CEU) biennially. A continuing education unit is equivalent to ten contact hours (a contact hour is 60 minutes). Licensees shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (5) five years.
5.1.2 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirements of Section 5.0.
5.1.3 Attestation must be completed electronically at the time of renewal.
5.1.4 Licensees selected for random audit pursuant to Section 6.0 will be required to supplement the attestation with attendance verification.
5.1.5 CEU hours shall be prorated for new licensees. A licensee for renewal shall follow the following schedule of reporting CEUs: if, at the time of renewal, you have been licensed for less than one year, NO continuing education is required; licensed for more than one year, but less than two years, half of the continuing education (1.5 CEUs) is required, all of which shall be Category 1 CEUs pursuant to subsection 5.3.2; licensed for two or more years, the full amount (3 CEUs) is required.
5.2 Exemptions
5.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply through the Council to the Board of Medical Licensure and Discipline for a waiver. A waiver would provide for an extension of time or exemption from some or all of the continuing education requirements for one (1) renewal period. Should the illness extend beyond one (1) renewal period, a new request must be submitted.
5.2.2 A request for a waiver may be submitted up to the time of renewal
5.3 Acceptable Activities /Continuing Education Program Offerings
5.3.1 The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it is a planned program of learning which contributes directly to professional competence in the practice of Genetic Counseling
5.3.2 Licensees shall demonstrate that they have obtained CEUs in the categories and according to the criteria established by the American Board of Genetic Counselors (ABGC) for recertification, as may be amended from time to time.
5.3.2.1 CEUs must be completed during the biennial renewal cycle.
5.3.2.2 The breakdown of CEUs shall be as follows: at least 2 Category 1 CEUs and up to but no more than 1 Category 2 CEU. PACs may substitute for up to 0.6 Category 1 CEU.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-6.0 Audit of Continuing Education Unit Hours
6.1 Audits Each Biennium
6.1.1 The Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Council to be audited. The Council may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
6.2 Documentation.
6.2.1 When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various CEUs claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score).The Council shall attempt to verify the CEUs shown on the documentation provided by the licensee. Upon completion of the review, the Council will decide whether the licensee's CEUs meet the requirements of these regulations.
6.2.2 Any continuing education not meeting all provisions of these regulations shall be rejected in part or in whole by the Council.
6.2.3 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council
6.2.4 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period.
6.3 Council Review and Hearing Process.
6.3.1 The Council shall review all documentation requested of any licensee shown on the audit list. If the Council determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Council determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these regulations. Unjustified noncompliance with these regulations shall be considered unprofessional conduct and grounds for discipline pursuant to 24 Del.C. §1799P(a)(5), subject to final approval of the Council's written recommendation by the Board.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-7.0 Telehealth
7.1 For the purpose of this Section, “telehealth” means the practice of genetic counseling by distance communication technology such as but not necessarily limited to telephone, Internet-based communications, and videoconferencing.
7.2 In order to practice telehealth one must hold a current, valid license as a genetic counselor issued by the Board.
7.3 Licensees shall understand that this Section does not provide licensees with authority to practice telehealth in service to clients domiciled in any jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telehealth set forth by other jurisdictional boards.
7.4 Licensees practicing telehealth shall comply with this Section and with requirements in state and federal statutes relevant to the practice of genetic counseling.
7.5 Licensees shall establish and maintain current competence in the professional practice of telehealth through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. Licensees shall establish and maintain competence in the appropriate use of the information technologies utilized in the practice of telehealth.
7.6 Licensees shall recognize that telehealth is not appropriate for all genetic indications and clients, and decisions regarding the appropriate use of telehealth shall be made on a case-by-case basis. Licensees practicing telehealth shall be aware of additional risks incurred when practicing genetic counseling through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client’s welfare is paramount. Licensees practicing telehealth shall:
7.6.1 Conduct a risk-benefit analysis:
7.6.1.1 To ensure that the genetic counseling indication is consistent with the use of telehealth to the client’s benefit; and
7.6.1.2 To determine whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.
7.6.2 Not provide telehealth services to any person or persons when the outcome of the analysis required in subsections 7.6.1.1 and 7.6.1.2 is inconsistent with the delivery of telehealth services, whether related to clinical or technological issues.
7.6.3 Upon initial and subsequent contacts with the client, make reasonable efforts to verify the identity of the client.
7.6.4 Obtain alternative means of contacting the client.
7.6.5 Provide to the client alternative means of contacting the licensee;
7.6.6 Whenever feasible, use secure communications with clients and obtain and document consent for the use of non-secure communications.
7.6.7 Prior to providing telehealth services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:
7.6.7.1 The limitations and innovative nature of using distance technology in the provision of genetic counseling;
7.6.7.2 Potential risks to confidentiality of information due to the use of distance technology;
7.6.7.3 Potential risks of sudden and unpredictable disruption of telehealth services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;
7.6.7.4 When and how the licensee will respond to routine electronic messages;
7.6.7.5 Under what circumstances the licensee and client will use alternative means of communications under emergency circumstances;
7.6.7.6 Who else may have access to communications between the client and the licensee;
7.6.7.7 Specific methods for ensuring that a client’s electronic communications are directed only to the licensee or supervisee; and
7.6.7.8 How the licensee stores electronic communications exchanged with the client.
7.6.8 Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data.
7.7 In the context of a face-to-face professional relationship, the following are exempt from this Section:
7.7.1 Electronic communication used specific to appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and,
7.7.2 Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
24 Del. Admin. Code § 1799-8.0 Crimes Substantially Related to the Practice of Genetic Counseling
Pursuant to 24 Del.C. §1799P(a)(6) the crimes determined by the Board to be substantially related to the practice of medicine are also determined to be substantially related to the practice of genetic counseling and may result in the denial of a license and/or disciplinary action against a licensee.
History
- 20 DE Reg. 190 (09/01/16)
- 20 DE Reg. 190 (09/01/16)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
- 15 DE Reg. 544 (10/01/11)
- 16 DE Reg. 652 (12/01/12)
- 20 DE Reg. 190 (09/01/16)
- 21 DE Reg. 644 (02/01/18)
1800 Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners
24 Del. Admin. Code § 1800-1.0 General Provisions
1.1 Election of Officers. The Board will elect a President, Vice-President, and Secretary annually in May. In the event of a resignation, termination or departure of 1 of the officers, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose.
1.2 Definitions. Words and terms defined in Title 24, Section 1802 of the Delaware Code are applicable to these regulations. The following additional words and terms, shall have the following meaning, unless the context clearly indicates otherwise:
“Certificate of Good Standing” means a certified statement of the applicant's disciplinary and complaint record as a license holder in another jurisdiction, which is sent directly from the other jurisdiction to the Board.
“Complete application” means the Division of Professional Regulation has received the application form, all supporting documents (including verifications of disciplinary record), and all required fees.
"Full-Time Employee" for purposes of supervision means any employee working a minimum of 30 hours per week, averaged over a period of 1 year, who regularly receives compensation from the entity providing services and receives a W-2 form annually from the entity providing services.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-2.0 Plumbing Licensing Requirements
2.1 Pre-examination Requirements
2.1.1 Board approval is required before an applicant will be allowed to sit for the exam. To get Board approval, an applicant must complete and return an application form to the Board's office, showing that the applicant has 2 years of verified experience under the supervision of a licensed plumber after having received a Journeyman’s Certificate in an apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standard. Alternatively, the applicant can show 7 years of verified experience under the supervision of a licensed plumber if the applicant has successfully completed the series of state-approved tests offered in the Delaware technical high schools or other apprenticeship school.
2.1.2 Supporting documentation. The applicant shall present a copy of the Journeyman certificate or the applicant shall present proof of passing the series of state-approved tests offered in the Delaware technical high schools or other apprenticeship school. Verification of the required experience shall be by affidavit of the supervising licensed plumber on the form approved by the Board. If the applicant is unable to obtain an affidavit from the supervising licensed plumber, the tax form W-2 or the affidavit of the employer or officer of the employing company may be submitted as proof of experience at the discretion of the Board.
2.1.3 Disciplinary record. An applicant must also certify to the Board that the applicant has not engaged in any of the acts that would be grounds for discipline of a licensee of the State of Delaware and that the applicant does not have any disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed, or certified as a plumber. An applicant currently or previously licensed or certified in another jurisdiction shall provide the Board with certified statements from all other such jurisdictions verifying their disciplinary and complaint records.
2.1.4 Complete application. An application to sit for the examination is not considered complete until the Division of Professional Regulation has received the application form, all supporting documents (including verifications of disciplinary record) and all fees required by this section.
2.2 Licensure by Examination
2.2.1 The exam will be offered 4 times per year, once quarterly. No applicant shall be permitted to sit for the exam until the applicant has completed the pre-examination requirements of subsection 2.1 and received the Board's approval to take the exam.
2.2.2 Reexamination. Applicants who do not earn a passing score on the exam may retake it 2 additional times, at the next regularly scheduled administrations, without further Board approval. An applicant who does not pass the exam after 3 attempts must reapply to the Board for permission to retake the exam. Such applicants may not reapply until 1 year has passed from the date the applicant last took the exam.
2.3 Licensure by Reciprocity. An applicant under this section must demonstrate that the standards for licensure of the state through which the applicant seeks reciprocity are equivalent to those of this State. Applicants must provide that state’s laws and regulations governing licensure to the Board.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-3.0 HVACR Licensure Requirements
3.1 Licensure by Examination. All applicants must submit complete applications. Only complete applications will be considered by the Board. Successful applicants must:
3.1.1 Pass the Board-approved HVACR exam. Applicants must have prior approval from the Board to take the exam. To get the Board's approval, an applicant must first meet all the requirements in regulations 3.1.2 through 3.1.5. The exam is offered 4 times per year, once quarterly. A score of 70% or greater is required to pass the exam.
3.1.2 Document the required experience. The law contains different experience requirements for applicants with a Journeyman's Certificate and those without a Journeyman's Certificate, as described below:
3.1.2.1 Journeyman's Certificate. Applicants that have a Journeyman's Certificate from an apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standard must include a copy of the Certificate with their application. These applicants must also document completion of 2 years of post-apprenticeship HVACR experience under the direct supervision of a master HVACR licensee, master HVACR restricted licensee, or an individual holding a similar level of licensure in another state. Experience gained before receipt of the Journeyman's Certificate does not qualify and will not be counted toward fulfillment of the 2-year requirement.
3.1.2.2 Applicants without Journeyman's Certificate
3.1.2.2.1 Applicants who do not possess a Journeyman's Certificate must document completion of 7 years of HVACR experience under the direct supervision of a master HVACR licensee, master HVACR restricted licensee, or an individual holding a similar level of licensure in another state.
3.1.2.2.2 Applicants without a Journeyman's Certificate must also pass the series of Board-approved apprenticeship equivalency exams (known as the “Bypass Exams”) before they will be approved to take the HVACR exam. Applicants must have prior approval from the Board to take the exam. Applicants will receive approval after they meet all the requirements in subsections 3.1.2 through 3.1.5. Applicants who pass the Bypass Exams are automatically approved to take the HVACR exam.
3.1.2.2.3 Applicants for a restricted license must present a passing score on those sections of the Bypass Exams that the Board designates as applicable to the category of restriction.
3.1.2.3 Proper Documentation of Experience. Documentation of the required experience shall be by affidavit of the applicant's supervisor. Applicants unable to obtain an affidavit from their supervisor may submit tax W-2 tax forms or affidavits of the employers or officer of their employing companies as alternative proof of experience. Alternative proof of experience is acceptable at the discretion of the Board. All affidavits must be on the affidavit form approved by the Board and available through the Board's office.
3.1.3 Provide a copy of their CFC Card. Document certification at the appropriate level for handling chlorofluorocarbons (COUGH’s) by a testing organization approved by the Environmental Protection Agency.
3.1.4 Truthfully attest in the affirmative that they:
3.1.4.1 Have not received any administrative penalties regarding their provision of HVACR or HVACR restricted services;
3.1.4.2 Do not have any disciplinary proceedings or unresolved complaints pending against them in any jurisdiction where they have previously been or are currently authorized to provide HVACR or HVACR restricted services;
3.1.4.3 Do not have an impairment related to drug or alcohol use that would limit their ability to provide HVACR or HVACR restricted services in a manner that is not detrimental to the health, safety, or welfare of the public; and
3.1.4.4 Do not have a criminal conviction, or any pending criminal charges, for any crime listed in or covered by Section 8.0 of this regulation.
3.1.5 Provide Certificates of Good Standing. Applicants who have ever been licensed or certified by another jurisdiction (another state, the District of Columbia, or a U.S. territory) must contact the other jurisdiction and request a certified statement of the applicant's disciplinary and complaint record. All certified statements must be sent from other jurisdictions directly to the Board.
3.1.6 Reexamination. Applicants who do not pass the exam may retake it at the next 2 regularly scheduled administrations without further Board approval. An applicant who does not pass the exam after these 3 attempts may reapply for licensure but not until 1 year after the date of the third exam.
3.2 Licensure by Reciprocity. An applicant for licensure by reciprocity must demonstrate that the standards for licensure of the state through which the applicant seeks reciprocity are equivalent to those of this State. Applicants must provide that state's HVACR licensure or certification laws and regulations to the Board.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-4.0 Code Adoption
The Board hereby adopts the 2015 International Mechanical Code (IMC) and the 2015 International Fuel Gas Code (IFC), as amended. The Board reserves the right to modify both codes, by further rulemaking, as it deems appropriate.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-5.0 Continuing Education and Renewal Audits
5.1 Continuing education (CE) is required of all licensees and shall be completed by October 31 of even-numbered years starting in 2026. Extra CE hours do not carry over to the next licensing period. Licensees will only get CE credit for their first attendance of CE courses during each licensing period. Licensees may retake a CE course in the same licensing period but will not receive additional CE credit.
5.2 Courses must be approved by the Board to qualify as CE. Approved courses appear on the website of the Division of Professional Regulation at https://www.dpr.delaware.gov.
5.2.1 Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to providing plumbing or HVACR services.
5.2.2 Sponsors or licensees can obtain Board approval of courses at any time by completing a form approved by the Board and including a course outline with the number of classroom hours showing breakdown of time allotted for each part of course content, the curriculum vitae or resume of the instructor and the appropriate fee set by the Division. The completed application will be presented for review at the next regularly scheduled Board meeting.
5.3 Licensees shall complete 5 hours of approved CE during each renewal period.
5.3.1 All licensees shall complete:
5.3.1.1 3 hours in Code changes; and
5.3.1.2 1 hour in safety;
5.3.2 Plumbing licensees shall complete 1 hour in cross connections and back flow;
5.3.3 HVACR licensees shall complete 1 hour in Energy Code.
5.3.4 Dual Licensees
5.3.4.1 Dual licensees (Plumbing and HVACR) shall complete 6 total hours as set forth in subsections 5.3.1 through 5.3.3.
5.3.4.2 Dual licensees shall alternate the code topic of their CE required by subsection 5.3.1.1 every other renewal period between Plumbing and HVACR.
5.3.5 Exceptions to the requirements in subsections 5.3.1 through 5.3.4 are:
5.3.5.1 A person licensed less than 1 year does not need to complete CE at the first renewal;
5.3.5.2 A person licensed 1 year but less than 2 years must submit 3 CE hours at the first renewal.
5.4 The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation of hardship. Requests will only be considered if made prior to the licensee's renewal deadline.
5.5 As a condition of renewal, licensees must attest to completion of the CE required. Attestation shall be completed electronically. Licensees selected for random audit will be required to supplement their attestations with documentation of the required CE attendance.
5.6 Compliance Audits
5.6.1 Beginning with license renewals in 2026, the Board will randomly audit 5% of license renewal applications to ensure their accuracy. Licensees selected for random audit will be notified of that selection within 60 days after the renewal deadline.
5.6.2 In addition, 100% of licensees who renew late will be audited for compliance with CE. They will be notified of their audit within 60 days of their renewal.
5.6.3 Licensees selected for audit must then submit the documentation requested by the date indicated on the audit notice.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-6.0 Reserved
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-7.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
7.1 A written report, signed by a complainant, alleging that a licensee may be chemically dependent or impaired is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or the Director's designate of the report. If the Director of Professional Regulation receives the report, the Director shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
7.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform the individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give the individual the opportunity to enter the Voluntary Treatment Option.
7.3 In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate.
7.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or the Director's designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
7.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 7.8.
7.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
7.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
7.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or the Director's designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
7.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
7.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
7.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or the chairperson's designate or designates or to the Director of the Division of Professional Regulation or the Director’s designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
7.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
7.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
7.8 The participating Board's chairperson, the chairperson's designate or designates, or the Director of the Division of Professional Regulation or the Director’s designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
7.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
7.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
7.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and that person’s confidentiality shall be protected if the matter is handled in a nondisciplinary matter.
7.12 The confidentiality of any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall be protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
24 Del. Admin. Code § 1800-8.0 Crimes substantially related to plumbing services.
8.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to plumbing services or in the State of Delaware without regard to the place of conviction:
8.1.1 Reckless endangering in the first degree. 11 Del.C. §604
8.1.2 Assault in the second degree. 11 Del.C. §612
8.1.3 Assault in the first degree. 11 Del.C. §613
8.1.4 Manslaughter. 11 Del.C. §632
8.1.5 Murder by abuse or neglect in the second degree. 11 Del.C. §633
8.1.6 Murder by abuse or neglect in the first degree. 11 Del.C. §634
8.1.7 Murder in the second degree. 11 Del.C. §635
8.1.8 Murder in the first degree. 11 Del.C. §636
8.1.9 Unlawful sexual contact in the second degree. 11 Del.C. §768
8.1.10 Unlawful sexual contact in the first degree. 11 Del.C. §769
8.1.11 Rape in the fourth degree. 11 Del.C. §770
8.1.12 Rape in the third degree. 11 Del.C. §771
8.1.13 Rape in the second degree. 11 Del.C. §772
8.1.14 Rape in the first degree. 11 Del.C. §773
8.1.15 Sexual extortion. 11 Del.C. §776
8.1.16 Continuous sexual abuse of a child. 11 Del.C. §778
8.1.17 Kidnapping in the second degree. 11 Del.C. §783
8.1.18 Kidnapping in the first degree. 11 Del.C. §783A
8.1.19 Arson in the second degree. 11 Del.C. §802
8.1.20 Arson in the first degree. 11 Del.C. §803
8.1.21 Criminal mischief. 11 Del.C. §811
8.1.22 Burglary in the third degree. 11 Del.C. §824
8.1.23 Burglary in the second degree. 11 Del.C. §825
8.1.24 Burglary in the first degree. 11 Del.C. §826
8.1.25 Robbery in the second degree. 11 Del.C. §831
8.1.26 Robbery in the first degree. 11 Del.C. §832
8.1.27 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
8.1.28 Theft; false pretense. 11 Del.C. §843
8.1.29 Theft, false promise. 11 Del.C. §844
8.1.30 Theft of services. 11 Del.C. §845
8.1.31 Extortion. 11 Del.C. §846
8.1.32 Identity theft. 11 Del.C. §854
8.1.33 Forgery. 11 Del.C. §861
8.1.34 Falsifying business records. 11 Del.C. §871
8.1.35 Unlawful use of credit card. 11 Del.C. §903
8.1.36 Renderer and scanning devices. 11 Del.C. §903A
8.1.37 Insurance fraud. 11 Del.C. §913
8.1.38 Home improvement fraud. 11 Del.C. §916
8.1.39 New home construction fraud. 11 Del.C. §917
8.1.40 Dealing in children. 11 Del.C. §1100
8.1.41 Sexual exploitation of a child. 11 Del.C. §1108
8.1.42 Sexual solicitation of a child. 11 Del.C. §1112A
8.1.43 Perjury in the second degree. 11 Del.C. §1222
8.1.44 Perjury in the first degree. 11 Del.C. §1223
8.1.45 Aggravated harassment. 11 Del.C. §1312
8.1.46 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447
8.1.47 Possession of a firearm during commission of a felony. 11 Del.C. §1447A
8.1.48 Breaking and entering, etc., to place or remove equipment. 11 Del.C. §2410
8.2 Crimes substantially related to plumbing services shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 18 DE Reg. 994 (06/01/15)
- 11 DE Reg. 86 (07/01/07)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
- 11 DE Reg. 86 (07/01/07)
- 6 DE Reg. 861 (01/01/03)
- 28 DE Reg. 679 (03/01/25)
- 6 DE Reg. 861 (01/01/03)
- 8 DE Reg. 1000 (01/01/05)
- 11 DE Reg. 86 (07/01/07)
- 13 DE Reg. 1356 (04/01/10)
- 18 DE Reg. 994 (06/01/15)
- 27 DE Reg. 347 (11/01/23)
- 28 DE Reg. 679 (03/01/25)
2100 Board of Examiners in Optometry
24 Del. Admin. Code § 2100-1.0 Qualifications for Licensure
1.1 All candidates candidate shall pass all sections of the examination given by the National Board of Examiners in Optometry.
1.2 All candidates must be CPR certified for both children and adults and maintain their certification while licensed.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-2.0 Internship/Temporary Licensee
2.1 An internship is a course of study in which applicants receive part of their clinical training in a Board approved private practice setting in Delaware, or other Board approved setting, under the supervision of a licensed optometrist or ophthalmologist. An active, licensed optometrist or ophthalmologist may act as a supervisor. Any applicant’s participation in such an internship program must be approved by the Board and is subject to the following terms and conditions:
2.1.1 A letter from the practitioner with whom the applicant will be interning stating the goals, duties and the number of hours the applicant will be working.
2.1.2 Each applicant must provide the name and address of the supervisor and the dates of the internship for approval by the Board before the internship may begin provided that, in the event an applicant has made a good faith effort to submit all necessary licensure materials for approval of the internship, and the Board is unable to meet to review said licensure materials the Board may approve said internship starting as of the date when the applicant has submitted all licensure materials.
2.1.3 A letter must be received by the Board from the supervisor verifying the completion of the internship.
2.1.4 For purposes of this Section and 29 Del.C. §2110, the term “duration” shall be defined as “a period of no less than 6 months and no greater than the period ending on the date of the next Board meeting following the end of the 6 month period.” No intern may practice on a temporary license beyond the duration of the internship.
2.2 Full-time: minimum of 35 hours per week.
2.3 All supervisors must supervise the interns on a 1-to-1 basis whenever an applicant performs a task that constitutes the practice of optometry. No supervisor may be a supervisor for more than 1 intern, or student extern, during the period of the internship or externship.
2.4 All acts that constitute the practice of optometry under 24 Del.C. §2101(a) may be performed by the intern only under the following conditions:
2.4.1 The supervisor shall be on the premises and immediately available for supervision at all times;
2.4.2 All intern evaluations of any patient shall be reviewed by the supervisor prior to final determination of the patient’s case before the patient leaves the premises; and
2.4.3 A supervisor shall at all times effectively supervise and direct the intern.
2.5 A violation of any of the conditions enumerated in this rule may be grounds for the Board to revoke its approval of an internship program. The Board may also revoke its approval of an internship program if it determines that either the supervising optometrist or the intern has engaged in any conduct described by 24 Del.C. §2113(a). Furthermore, any violation of the terms of this rule by a supervising optometrist who is a licensed optometrist shall be considered unprofessional conduct and a violation of 24 Del.C. §2113(a)(7).
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-3.0 Reciprocity
3.1 All reciprocity applicants must submit a copy of the state optometry licensing statutes and regulations for any jurisdiction through which they are seeking reciprocal licensure in Delaware.
3.2 "Standards of licensure," as used in 24 Del.C. §2109, means a state's qualifications for licensure and scope of practice.
3.3 An applicant's practice "for a minimum of 5 years" in another jurisdiction as used in 24 Del.C. §2109 means at least 200 hours of practice per year in that jurisdiction.
3.4 All reciprocity applicants must be CPR certified for both children and adults and maintain their certification while licensed.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-4.0 Continuing Education Requirements
4.1 Hours Required
4.1.1 Beginning in 2007, the required CE's shall be completed no later than June 30 of every odd-numbered year.
4.1.2 All non-therapeutically-licensed optometrists shall acquire 12 hours of continuing education (CE) during each biennial licensure period.
4.1.3 All therapeutically-licensed optometrists shall acquire 30 hours of continuing education during each biennial licensure period. Twenty of those 30 hours must be comprised of education in the areas of therapeutics and management of ocular disease. A maximum of 6 of the 30 may be in the area of practice management. All therapeutically-licensed optometrists must also maintain current CPR certifications for both children and adults throughout the licensure period.
4.1.4 Any new licensee shall be required to complete continuing education equivalent to 1 hour for each month between the date of licensure and the biennial renewal date. The first 12 hours of pro-rated continuing education must be in the treatment and management of ocular disease.
4.1.5 Hardship Exemption. The Board has the power to waive any part of the CE requirement. Exemptions to the CE requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board prior to the end of the license renewal period.
4.2 Content of Mandatory Continuing Education (CE)
4.2.1 Six practice management hours will be accepted toward the continuing education requirement.
4.2.2 COPE-Approved Self-Reported Study
4.2.2.1 Non-therapeutically certified licensees. Of the 12 hour biennial requirement for non-therapeutically certified licensees, a maximum of 2 hours may be fulfilled by self-reported study.
4.2.2.2 Therapeutically certified licensees. Of the 30 hour biennial requirement for therapeutically certified licensees, a maximum of 6 hours may be fulfilled by self-reported study.
4.2.2.3 Self-reported study may include:
4.2.2.3.1 Reading of optometric journals
4.2.2.3.2 Optometric tape journals
4.2.2.3.3 Optometric audiovisual material
4.2.2.3.4 Other materials given prior approval by the Board
4.2.2.3.5 Proof of completion from the sponsoring agency is required for credit
4.2.3 Continuing Education courses given by the following organizations will receive credit. CE credit will be given for the scientific session portion only of any meetings of these organizations:
4.2.3.1 American Optometric Association
4.2.3.2 Delaware Optometric Association
4.2.3.3 American Academy of Optometry
4.2.3.4 Recognized state regional or national optometric societies
4.2.3.5 Schools and colleges of optometry
4.2.3.6 Meetings of other organizations as may be approved by the Board
4.2.3.7 COPE-approved courses
4.3 Failure to Comply with Continuing Education Requirements. Licensees who fail to comply with the required continuing education requirements by the end of the biennial licensing period may be referred for possible disciplinary action pursuant to 24 Del.C. §2113.
4.4 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Section 4.0. Licensees selected for random audit will be required to supplement the attestation with attendance verification pursuant to subsection 4.5.
4.5 Random audits will be performed by the Board to ensure compliance with the CE requirements.
4.5.1 The Board will notify licensees within 60 days after June 30 that they have been selected for audit.
4.5.2 Licensees selected for random audit shall be required to submit verification within 10 days of receipt of notification of selection for audit.
4.5.3 Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 4.0, which may include the following information:
4.5.3.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance;
4.5.3.2 Date of CE course;
4.5.3.3 Instructor of CE course;
4.5.3.4 Sponsor of CE course;
4.5.3.5 Title of CE course;
4.5.3.6 Number of hours of CE course; and
4.5.3.7 Report obtained from the Optometric Education (OE) tracker maintained by ARBO.
4.6 Licensees must maintain all proof of continuing education for at least 2 licensure periods.
4.7 Licensure--Renewal
4.7.1 The biennial licensure period expires on June 30 of every odd-numbered year. Licensees may renew their licenses by submitting a renewal application to the Board by the renewal date with the renewal fee prescribed by the Division of Professional Regulation and attestation of completion of the continuing education requirements.
4.7.2 Licensees who fail to renew their license by the renewal date may reactivate their license during the 1 year period immediately following the license expiration date provided the licensee pays a late fee in addition to the prescribed renewal fee, submits an application on an appropriate form to the Board and provides proof that they have completed the required continuing education.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-5.0 Telehealth
5.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including optometry-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
5.2 The Optometrist or Optometry Intern (referred to as "licensee" for the purpose of this regulation) who provides treatment through telehealth shall meet the following requirements:
5.2.1 Location of patient during treatment through telehealth
5.2.1.1 In order to practice telehealth in Delaware, optometrists must have an active Delaware license in good standing or have obtained an interstate telehealth registration in compliance with Title 24, Ch. 60.
5.2.1.2 Optometrists understand that this rule does not provide them with authority to practice telehealth in service to clients located in any jurisdiction other than Delaware, and they must comply with laws, rules, or policies for the practice of telehealth set forth by other jurisdictional boards of optometry.
5.2.1.3 Optometrists practicing telehealth shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of optometry.
5.2.2 Informed consent
5.2.2.1 Before services are provided through telehealth, the optometrist shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgment of the risk and limitations of:
5.2.2.1.1 The use of electronic communications in the provision of care;
5.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
5.2.2.1.3 The potential disruption of electronic communication in the use of telehealth.
5.2.3 Confidentiality: The optometrist shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable federal and state laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.
5.2.4 Competence and scope of practice
5.2.4.1 The optometrist shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.
5.2.4.2 The optometrist shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to on-site care.
5.2.4.3 The optometrist shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training, and experience.
5.2.4.4 All initial evaluations shall be performed face to face and not through telehealth or internet unless another Delaware-licensed optometrist or ophthalmologist is present at the originating site with the patient at the time of the diagnosis, or the provider meets the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.
5.2.4.5 The optometrist shall document in the file or record which services were provided by telehealth.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-6.0 Unprofessional Conduct
6.1 Optometrists who commit unprofessional conduct shall be subject to discipline.
6.2 Unprofessional conduct shall include but is not limited to the following:
6.2.1 Performing acts beyond the authorized scope of the level of optometric practice for which the individual is licensed.
6.2.2 Assuming duties and responsibilities within the practice of optometry without adequate preparation, or without maintenance of competency.
6.2.3 Performing new techniques or procedures without education and practice.
6.2.4 Inaccurately and willfully recording, falsifying or altering a patient or agency document record related to patient care, employment, or licensure.
6.2.5 Committing or threatening violence, verbal or physical abuse of patients or co-workers or the public.
6.2.6 Violating professional boundaries of the optometrist-patient relationship including physical, sexual, emotional or financial exploitation of the patient or patient’s significant other.
6.2.7 Assigning unlicensed persons to perform the practice of licensed optometrists.
6.2.8 Delegating optometric practice to unqualified persons.
6.2.9 Failing to supervise persons to whom optometric practice has been delegated.
6.2.10 Failing to safeguard a patient’s dignity and right to privacy in providing services.
6.2.11 Violating the confidentiality of information concerning a patient.
6.2.12 Failing to take appropriate action to safeguard a patient from incompetent or illegal health care practice.
6.2.13 Practicing optometry when unfit to perform procedures and make decisions in accordance with the license held because of physical or mental impairment or dependence on alcohol or drugs.
6.2.14 Diverting or misappropriating money, drugs, supplies, records or property of an employer, patient, patient agency, or governmental agency.
6.2.15 Practicing optometry with an expired license.
6.2.16 Allowing another person to use the optometrist’s license or temporary permit.
6.2.17 Aiding, abetting, or assisting an individual to violate or circumvent any law or duly promulgated rule and regulation intended to guide the conduct of an optometrist or other health care provider.
6.2.18 Committing fraud, misrepresentation or deceit in taking the licensure exam, or in obtaining a license or temporary permit.
6.2.19 Disclosing the contents of the licensing examination or soliciting, accepting or compiling information regarding the examination before, during or after its administration.
6.2.20 Failing to report unprofessional conduct by another licensee.
6.2.21 Practicing or holding oneself out as an optometrist without a current license.
6.2.22 Failing to comply with the requirements for continuing professional education, unless exempt.
6.2.23 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.
6.2.24 Failing to comply with the terms and conditions set out in a disciplinary action of the Board.
6.2.25 Failing to honor a patient’s request to forward the patient’s complete prescription and ophthalmic or contact lens specifications to another licensed physician of medicine, osteopathy, optometrist, or a nationally registered contact lens technician working under the direct supervision of an optometrist, ophthalmologist or osteopathic physician, if all financial obligations to the licensee have been satisfied.
6.2.26 Prescribing contact lenses beyond 1 year from the date the contact lens prescription was finalized. For purposes of this section, a final prescription results when a patient is released to routine follow-up care.
6.2.27 Failing to maintain adequate records on each patient for a period of not less than 7 years from the date of the most recent service rendered.
6.2.28 Using unethical, misleading or unprofessional advertising methods, including baiting patients to purchase materials in exchange for free or reduced fees for professional services.
6.2.29 Practicing in a merchandising store or practicing optometry among the public as the agent, employee, or servant of, or in conjunction with, directly or indirectly, any merchandising firm, corporation, lay firm, or unlicensed individual.
6.2.30 Practicing in conjunction with, or as an agent or employee of, an ophthalmic merchandising business (commonly known as “opticians”), directly or indirectly.
6.2.31 Corporations, except those allowed under 8 Del.C. Ch. 6, lay firms, and unlicensed individuals are prohibited from the practice of optometry, directly or indirectly, and from employing, directly or indirectly, registered and licensed optometrists to examine the eyes of their patients. Licensees so employed will be considered guilty of unprofessional conduct and in violation of 24 Del.C. §2113(a)(3) and (6).
6.2.32 Holding oneself out as having superior qualifications or being superior to other optometrists, unless the optometrist is qualified by a specialty board approved by this Board.
6.2.33 No licensee holding an official position in any optometric organization shall use such position for advertising purposes or for self-promotion.
6.2.34 Being convicted of a crime substantially related to the practice of optometry.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-7.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
7.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
7.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
7.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
7.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
7.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 7.8 of this section.
7.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
7.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
7.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
7.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
7.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
7.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
7.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
7.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
7.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
7.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
7.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
7.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
7.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
24 Del. Admin. Code § 2100-8.0 Crimes substantially related to the practice of optometry:
8.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of optometry in the State of Delaware without regard to the place of conviction:
8.1.1 Aggravated menacing. 11 Del.C. §602 (b).
8.1.2 Reckless endangering in the first degree. 11 Del.C. §604.
8.1.3 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
8.1.4 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
8.1.5 Assault in the third degree. 11 Del.C. §611.
8.1.6 Assault in the second degree. 11 Del.C. §612.
8.1.7 Assault in the first degree. 11 Del.C. §613.
8.1.8 Abuse of a sports official; felony. 11 Del.C. §614.
8.1.9 Assault by abuse or neglect. 11 Del.C. §615.
8.1.10 Terroristic threatening; felony. 11 Del.C. §621.
8.1.11 Unlawfully administering drugs. 11 Del.C. §625.
8.1.12 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
8.1.13 Vehicular assault in the first degree. 11 Del.C. §629.
8.1.14 Vehicular homicide in the second degree. 11 Del.C. §630.
8.1.15 Vehicular homicide in the first degree. 11 Del.C. §630A.
8.1.16 Criminally negligent homicide. 11 Del.C. §631.
8.1.17 Manslaughter. 11 Del.C. §632.
8.1.18 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
8.1.19 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
8.1.20 Murder in the second degree; class A felony. 11 Del.C. §635.
8.1.21 Murder in the first degree. 11 Del.C. §636.
8.1.22 Promoting suicide. 11 Del.C. §645.
8.1.23 Abortion. 11 Del.C. §651.
8.1.24 Incest. 11 Del.C. §766.
8.1.25 Unlawful sexual contact in the second degree. 11 Del.C. §768.
8.1.26 Unlawful sexual contact in the first degree. 11 Del.C. §769.
8.1.26 Rape in the fourth degree. 11 Del.C. §770.
8.1.27 Rape in the third degree. 11 Del.C. §771.
8.1.28 Rape in the second degree. 11 Del.C. §772.
8.1.29 Rape in the first degree. 11 Del.C. §773.
8.1.30 Sexual extortion. 11 Del.C. §776.
8.1.31 Bestiality. 11 Del.C. §777.
8.1.32 Continuous sexual abuse of a child. 11 Del.C. §778.
8.1.33 Dangerous crime against a child. 11 Del.C. §779.
8.1.34 Female genital mutilation. 11 Del.C. §780.
8.1.35 Unlawful imprisonment in the first degree. 11 Del.C. §782.
8.1.36 Kidnapping in the second degree. 11 Del.C. §783.
8.1.37 Kidnapping in the first degree. 11 Del.C. §783A.
8.1.38 Arson in the third degree. 11 Del.C. §801.
8.1.39 Arson in the second degree. 11 Del.C. §802.
8.1.40 Arson in the first degree. 11 Del.C. §803.
8.1.41 Criminal mischief. 11 Del.C. §811.
8.1.42 Burglary in the third degree. 11 Del.C. §824.
8.1.43 Burglary in the second degree. 11 Del.C. §825.
8.1.44 Burglary in the first degree. 11 Del.C. §826.
8.1.45 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828.
8.1.46 Robbery in the second degree. 11 Del.C. §831.
8.1.47 Robbery in the first degree. 11 Del.C. §832.
8.1.48 Carjacking in the second degree. 11 Del.C. §835.
8.1.49 Carjacking in the first degree. 11 Del.C. §836.
8.1.50 Shoplifting; felony. 11 Del.C. §840.
8.1.51 Use of illegitimate retail sales receipt or Universal Product Code Label; felony. 11 Del.C. §840A.
8.1.52 Extortion. 11 Del.C. §846.
8.1.53 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; felony. 11 Del.C. §850.
8.1.54 Receiving stolen property; felony. 11 Del.C. §851.
8.1.55 Identity theft. 11 Del.C. §854.
8.1.56 Possession of shoplifters tools or instruments facilitating theft. 11 Del.C. §860.
8.1.57 Forgery; felony; misdemeanor. 11 Del.C. §861.
8.1.58 Possession of forgery devices. 11 Del.C. §862.
8.1.59 Falsifying business records. 11 Del.C. §871.
8.1.60 Tampering with public records in the second degree. 11 Del.C. §873.
8.1.61 Tampering with public records in the first degree. 11 Del.C. §876.
8.1.62 Offering a false instrument for filing. 11 Del.C. §877.
8.1.63 Issuing a false certificate. 11 Del.C. §878.
8.1.64 Issuing a bad check; felony. 11 Del.C. §900.
8.1.65 Unlawful use of credit card; felony. 11 Del.C. §903.
8.1.66 Reencoder and scanning devices. 11 Del.C. §903A.
8.1.67 Deceptive business practices. 11 Del.C. §906.
8.1.68 Criminal impersonation. 11 Del.C. §907.
8.1.69 Criminal impersonation, accident related. 11 Del.C. §907A.
8.1.70 Criminal impersonation of a police officer. 11 Del.C. §907B.
8.1.71 Securing execution of documents by deception. 11 Del.C. §909.
8.1.72 Fraudulent conveyance of public lands. 11 Del.C. §911.
8.1.73 Fraudulent receipt of public lands. 11 Del.C. §912.
8.1.74 Insurance fraud. 11 Del.C. §913.
8.1.75 Health care fraud. 11 Del.C. §913A.
8.1.76 Use of consumer identification information. 11 Del.C. §914.
8.1.77 Home improvement fraud. 11 Del.C. §916.
8.1.78 New home construction fraud. 11 Del.C. §917.
8.1.79 Unauthorized access. 11 Del.C. §932.
8.1.80 Theft of computer services. 11 Del.C. §933.
8.1.81 Interruption of computer services. 11 Del.C. §934.
8.1.82 Misuse of computer system information. 11 Del.C. §935.
8.1.83 Destruction of computer equipment. 11 Del.C. §936.
8.1.84 Dealing in children. 11 Del.C. §1100.
8.1.85 Abandonment of child. 11 Del.C. §1101.
8.1.86 Endangering the welfare of a child. 11 Del.C. §1102.
8.1.87 Endangering the welfare of an incompetent person. 11 Del.C. §1105.
8.1.88 Sexual exploitation of a child. 11 Del.C. §1108.
8.1.89 Unlawfully dealing in child pornography. 11 Del.C. §1109.
8.1.90 Possession of child pornography. 11 Del.C. §1111.
8.1.91 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
8.1.92 Sexual solicitation of a child. 11 Del.C. §1112A.
8.1.93 Bribery. 11 Del.C. §1201.
8.1.94 Receiving a bribe; class E felony. 11 Del.C. §1203.
8.1.95 Improper influence. 11 Del.C. §1207.
8.1.96 Official misconduct. 11 Del.C. §1211.
8.1.97 Perjury in the second degree. 11 Del.C. §1222.
8.1.98 Perjury in the first degree. 11 Del.C. §1223.
8.1.99 Making a false written statement. 11 Del.C. §1233.
8.1.100 Wearing a disguise during the commission of a felony. 11 Del.C. §239.
8.1.101 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
8.1.102 Hindering prosecution. 11 Del.C. §1244.
8.1.103 Abetting the violation of driver’s license restrictions. 11 Del.C. §1249.
8.1.104 Abetting the violation of driver’s license restrictions. 11 Del.C. §1249.
8.1.105 Offenses against law-enforcement animals. Felony. 11 Del.C. §1250.
8.1.106 Escape in the second degree. 11 Del.C. §1252.
8.1.107 Escape after conviction. 11 Del.C. §1253.
8.1.108 Assault in a detention facility. 11 Del.C. §1254.
8.1.109 Promoting prison contraband; felony; misdemeanor. 11 Del.C. §1256.
8.1.110 Use of an animal to avoid capture; felony. 11 Del.C. §1257A.
8.1.111 Misuse of prisoner mail; felony. 11 Del.C. §1260.
8.1.112 Bribing a witness. 11 Del.C. §1261.
8.1.113 Bribe receiving by a witness. 11 Del.C. §1262.
8.1.114 Tampering with a witness. 11 Del.C. §1263.
8.1.115 Interfering with child witness. 11 Del.C. §1263A.
8.1.116 Bribing a juror. 11 Del.C. §1264.
8.1.117 Bribe receiving by a juror. 11 Del.C. §1265.
8.1.118 Tampering with a juror. 11 Del.C. §1266.
8.1.119 Misconduct by a juror. 11 Del.C. §1267.
8.1.120 Tampering with physical evidence. 11 Del.C. §1269.
8.1.121 Riot. 11 Del.C. §1302.
8.1.122 Hate crimes; misdemeanor; felony. 11 Del.C. §1304.
8.1.123 Aggravated harassment. 11 Del.C. §1312.
8.1.124 Stalking. 11 Del.C. §1312A.
8.1.125 Cruelty to animals; felony. 11 Del.C. §1325.
8.1.126 Animals; fighting and baiting prohibited; felony. 11 Del.C. §1326.
8.1.127 Maintaining a dangerous animal; felony. 11 Del.C. §1327.
8.1.128 Abusing a corpse. 11 Del.C. §1332.
8.1.129 Trading in human remains and associated funerary objects. 11 Del.C. §1333.
8.1.130 Violation of privacy; misdemeanor; felony. 11 Del.C. §1335.
8.1.131 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
8.1.132 Adulteration. 11 Del.C. §1339.
8.1.133 Prostitution. 11 Del.C. §1342.
8.1.134 Patronizing a prostitute prohibited. 11 Del.C. §1343.
8.1.135 Promoting prostitution in the third degree. 11 Del.C. §1351.
8.1.136 Promoting prostitution in the second degree. 11 Del.C. §1352.
8.1.137 Promoting prostitution in the first degree. 11 Del.C. §1353.
8.1.138 Permitting prostitution. 11 Del.C. §1355.
8.1.139 Carrying a concealed deadly weapon. 11 Del.C. §1442.
8.1.140 Carrying a concealed dangerous instrument. 11 Del.C. §1443.
8.1.141 Possessing a destructive weapon. 11 Del.C. §1444.
8.1.142 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.
8.1.143 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
8.1.144 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
8.1.145 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
8.1.146 Criminal history record checks for sales of firearms; felony. 11 Del.C. §1448A.
8.1.147 Wearing body armor during commission of felony. 11 Del.C. §1449.
8.1.148 Receiving a stolen firearm. 11 Del.C. §1450.
8.1.149 Theft of a firearm. 11 Del.C. §1451.
8.1.150 Giving a firearm to person prohibited. 11 Del.C. §1454.
8.1.151 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
8.1.152 Unlawfully permitting a minor access to a firearm. 11 Del.C. §1456.
8.1.153 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457.
8.1.154 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
8.1.155 Possession of a weapon with a removed, obliterated or altered serial number. 11 Del.C. §1459.
8.1.156 Prohibited acts. cheating devices (a)-(e), second or subsequent offense. 11 Del.C. §1471.
8.1.157 Organized Crime and Racketeering. 11 Del.C. §1504.
8.1.158 Victim or Witness Intimidation 11 Del.C. §3532 & 3533.
8.1.159 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
8.1.160 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
8.1.161 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).
8.1.162 Unlawful delivery of noncontrolled substance. 16 Del.C. §4752A.
8.1.163 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
8.1.164 Possession and delivery of noncontrolled prescription drug. 16 Del.C. §4754A.
8.1.165 Prohibited acts E under the Uniform Controlled Substances Act. 16 Del.C. §4755(a)(1) and (2).
8.1.166 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
8.1.167 Hypodermic syringe or needle; delivering or possessing; disposal; 16 Del.C. §4757.
8.1.168 Keeping drugs in original containers. 16 Del.C. §4758.
8.1.169 Distribution to persons under 21 years of age. 16 Del.C. §4761.
8.1.170 Purchase of drugs from minors. 16 Del.C. §4761A.
8.1.171 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. §4767.
8.1.172 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. §4768.
8.1.173 Drug paraphernalia. 16 Del.C. §4771 (a) and (b).
8.1.174 Possession, manufacture and sale, delivery to a minor and advertising of drug paraphernalia. 16 Del.C. §4774(a), (b), (c) (d).
8.1.175 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; third and fourth offenses. 23 Del.C. §2302(a) and §2305 (3) and (4).
8.1.176 Attempt to evade or defeat tax. 30 Del.C. §571.
8.1.177 Failure to collect or pay over tax. 30 Del.C. §572.
8.1.178 Failure to file return, supply information or pay tax. 30 Del.C. §573.
8.1.179 Fraud and false statements. 30 Del.C. §574.
8.1.180 Obtaining benefit under false representation. 31 Del.C. §1003.
8.1.181 Reports, statements and documents. 31 Del.C. §1004(1), (2), (3), (4), (5).
8.1.182 Kickback schemes and solicitations. 31 Del.C. §1005.
8.1.183 Conversion of payment. 31 §1006.
8.1.184 Unlawful possession or manufacture of proof of insurance. 21 Del.C. §2118A.
8.1.185 Temporary registration violations related to providing false information. 21 Del.C. §2133(a) (1)-(3).
8.1.186 False statements. 21 Del.C. §2315.
8.1.187 Altering or forging certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate. 21 Del.C. §2316.
8.1.188 False statements; incorrect or incomplete information. 21 Del.C. §2620.
8.1.189 License to operate a motorcycle, motorbike, etc. 21 Del.C. §2703.
8.1.190 Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age. 21 Del.C. §2710.
8.1.191 Unlawful application for or use of license or identification card. 21 Del.C. §2751.
8.1.192 False statements. 21 Del.C. §2752.
8.1.193 Driving vehicle while license is suspended or revoked. 21 Del.C. §2756.
8.1.194 Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards. 21 Del.C. §2760(a) and (b).
8.1.195 Driving after judgment prohibited. 21 Del.C. §2810.
8.1.196 False statements. 21 Del.C. §3107.
8.1.197 Driving a vehicle while under the influence or with a prohibited alcohol content. 21 Del.C. §4177 (3) and (4).
8.1.198 Duty of driver involved in accident resulting in injury or death to any person. 21 Del.C. §4202.
8.1.199 Duty to report accidents; evidence. 21 Del.C. §4203.
8.1.200 Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires. 21 Del.C. §4604(a).
8.1.201 Tampering with vehicle. 21 Del.C. §6703.
8.1.202 Receiving or transferring stolen vehicle. 21 Del.C. §6704.
8.1.203 Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity. 21 Del.C. §6705(a)-(e).
8.1.204 Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card. 21 Del.C. §6708(a) and (b).
8.1.205 Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers. 21 Del.C. §6709(a).
8.1.206 Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers. 21 Del.C. §6710(a).
8.1.207 Offenses [involving meat and poultry inspection including bribery or attempted bribery or assaulting or impeding any person in the performance of his duties] (felony). 3 Del.C. §871.
8.1.208 Fraudulent Written Statements. 3 Del.C. §10049.
8.1.209 Fraudulent Certificate of Registration or Eligibility Documents. 3 Del.C. §10050.
8.1.210 Prohibited trade practices against infirm or elderly. 6 Del.C. §2581.
8.1.211 Auto Repair Fraud victimizing the infirm or elderly. 6 Del.C. §4909A.
8.1.212 Possession or use of false weights. 6 Del.C. §5134.
8.1.213 Violations of the Securities Act. 6 Del.C. §7322.
8.1.214 Unauthorized Acts against a Service Guide or Seeing Eye Dog. 7 Del.C. §1717.
8.1.215 Interception of Communications Generally; Divulging Contents of Communications. 11 Del.C. §2402.
8.1.216 Manufacture, Possession or Sale of Intercepting Device. 11 Del.C. §2403.
8.1.217 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
8.1.218 Obstruction, Impediment or Prevention of Interception. 11 Del.C. §2412.
8.1.219 Obtaining, Altering or Preventing Authorized Access. 11 Del.C. §2421.
8.1.220 Divulging Contents of Communications. 11 Del.C. §2422.
8.1.221 Installation and Use Generally [of pen trace and trap and trace devices]. 11 Del.C. §2431.
8.1.222 Aggravated Act of Intimidation. 11 Del.C. §3533.
8.1.223 Attempt to Intimidate. 11 Del.C. §3534.
8.1.224 Disclosure of Expunged Records. 11 Del.C. §4374.
8.1.225 Violation of reporting provisions re: SBI. 11 Del.C. §8523.
8.1.226 Failure of child-care provider to obtain information required under §8561 or for those providing false information. 11 Del.C. §8562.
8.1.227 Providing false information when seeking employment in a public school. 11 Del.C. §8572.
8.1.228 Filing False Claim [under Victims’ Compensation Fund]. 11 Del.C. §9016.
8.1.229 Alteration, Theft or Destruction of Will. 12 Del.C. §210.
8.1.230 Violation of reporting requirements involving abuse under §903. 16 Del.C. §914.
8.1.231 Coercion or intimidation involving health-care decisions and falsification, destruction of a document to create a false impression that measures to prolong life have been authorized. 16 Del.C. §2513(a) and (b).
8.1.232 Violations related to the sale, purchase, receipt, possession, transportation, use, safety and control of explosive materials other than 16 Del.C. §7103. 16 Del.C. §7112.
8.1.233 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/or Drugs. 23 Del.C. §2302 (3) and (4).
8.1.234 License Requirements. 24 Del.C. §901.
8.1.235 Sale to Persons under 21 or Intoxicated Persons. 24 Del.C. §903.
8.1.236 Failure to make Reports of Persons who are Subject to Loss of Consciousness. 24 Del.C. §1763.
8.1.237 [Interference] Relating to the Blind and “Seeing Eye Dogs”. 31 Del.C. §2117.
8.1.238 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
8.2 Crimes substantially related to the practice of optometry shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 2 DE Reg 85 (05/01/99)
- 7 DE Reg. 912 (01/01/04)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1697 (06/01/05)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 4 DE Reg. 669 (10/01/00)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 27 DE Reg. 620 (02/01/24)
- 19 DE Reg. 204 (09/01/15)
- 2 DE Reg 85 (05/01/99)
- 4 DE Reg. 669 (10/01/00)
- 8 DE Reg. 536 (10/01/04)
- 8 DE Reg. 1002 (01/01/05)
- 8 DE Reg. 1697 (06/01/05)
- 10 DE Reg. 1727 (05/01/07)
- 19 DE Reg. 204 (09/01/15)
- 20 DE Reg. 822 (04/01/17)
- 27 DE Reg. 620 (02/01/24)
2501 Regulations Governing Statewide Authorized Tamper Resistant Prescription Forms
24 Del. Admin. Code § 2501 Regulations Governing Statewide Authorized Tamper Resistant Prescription Forms
2501 Regulations Governing Statewide Authorized Tamper Resistant Prescription Forms
1.0 Purpose.
To promulgate rules and regulations pursuant to Title 16, Section 4797 of the Delaware Code, that establish security requirements for a blank prescription form used by a prescriber or practitioner in this State. The primary objective of these rules and regulations is to reduce prescription fraud by decreasing the potential for forgery or alteration of a prescription form.
2.0 Scope and Applicability
2.1 Authority. These regulations are enacted pursuant to 16 Del.C. §4797. These regulations shall be known as "Regulations Governing the Statewide Authorized Tamper Resistant Prescription Forms".
2.2 Applicability. These regulations apply to any individual who is authorized by law to prescribe drugs in the course of professional practice and to any vendor in the business of manufacturing and selling tamper resistant prescription forms to a Delaware practitioner or prescriber.
3.0 Definitions:
"Controlled Substance" shall mean a drug substance or immediate precursor in Schedules I through V as defined in 16 Del.C. Chap.47, Subchapter 2. There shall only be one controlled substance listed on each prescription form.
"Division" shall mean the Department of State, Division of Professional Regulation
"Drugs" shall mean drugs as defined in 16 Del.C. §4701(14) or 24 Del.C. § 2502(14).
"Practitioner" or "Prescriber" shall mean prescriber as defined in 24 Del.C. §2502(20). It shall not include any practitioner or prescriber generating prescriptions within a licensed medical facility that results in the internal dispensing of prescription drugs or devices to any patient receiving treatment in that facility.
"Provider ID #" shall mean the unique identification number assigned by a vendor to any individual, group or organization authorized to purchase tamper resistant prescription forms pursuant to 24 Del.C. §2502(20) and these rules and regulations.
"Tamper Resistant Prescription Form" or “Prescription Form” shall mean a prescription form which has been authorized pursuant to 16 Del.C. §4797 and meets the criteria established in these rules and regulations.
"Vendor(s)" shall mean any corporation, company, or entity in the business of manufacturing and selling tamper resistant prescription forms to authorized practitioners or prescribers and who has registered its name, address and telephone number to the Division of Professional Regulation and has been assigned a Vender ID number. All vendors registered with the Division of Professional Regulation are deemed to be in agreement that they shall abide by and comply with these rules and regulations.
"Vendor ID #" shall mean the unique identification number assigned by the Division of Professional Regulation to a registered vendor.
4.0 Authority of the Division of Professional Regulation:
4.1 In accordance with §4701(35) and §4731, Title 16 of the Delaware Code, the Director of the Division of Professional Regulation shall promulgate rules and regulations as they relate to tamper resistant prescription forms pursuant to 16 Del.C. §4797.
4.2 The Director shall establish and implement standards governing the production and issuance of authorized tamper resistant prescription forms pursuant to 16 Del.C. §4797.
4.3 The Division of Professional Regulation may inspect facilities or records of vendors or require submission of information to demonstrate compliance with these rules.
4.4 Any enforcement actions pursuant to these rules and regulations shall be governed by the Administrative Procedures Act (Chapter 101, Title 29 of the Delaware Code)
5.0 Tamper Resistant Form Requirements.
5.1 Secure Stock. All paper utilized in the production of tamper resistant prescription forms must be manufactured under tightly controlled security conditions, restricted in its use and distribution.
5.2 Vendors will be required to set all new copy on each prescription design. There are multiple versions that require design. Placement of design elements and security features must be consistent across all versions.
5.3 General Composition. A safety VOID pantograph background is required on each design. The document shall include substantial protection against reproduction by color copiers. Preferred methods include darker and lighter gradually changing tones that provide significant color copy protection across a full range of copier settings. The word "VOID" shall appear on all copies made across a wide variety of copier settings. Areas intended for data entry shall be in lighter tones to permit easy reading of information without compromising copy protection.
5.4 Custom Imprinting. Custom imprinting of the Prescription Forms will be required for each practitioner, group practice or institution. Printing will include name, street, city, state zip code, telephone number, State of Delaware license number, and the United States Drug Enforcement Agency (DEA) number (at the practitioner's option) of the practitioner(s) or institution as requested. All custom imprinting must be printed in black ink.
5.5 Prescription Forms (Two Types - Practitioner and Institution).
5.5.1 Size: Approximately 4-1/4 "x 5-1/2" overall.
5.5.2 Stock. The stock must be a minimum 20# white controlled safety paper. The paper must react when alteration is attempted using the following list of chemicals: Acetone, Methyl Ethyl Ketone, Ethyl Acetate, Nail Polish Remover, Paint Remover, Benzyl Alcohol, Methyl Alcohol, N-Butyl Alcohol, Iso Propyl Alcohol, Ethyl Alcohol, Rubbing Alcohol, Hair Spray, 1-Methoxy-2-Propanol, Carbon Tetrachloride, Bleach, Tetrahydrofurane, Butyl Cellulose, 5% Hydrochloric Acid & Trichloroethylene.
5.5.3 Presswork/Ink.
5.5.3.1 FRONT: Blue or green background.
5.5.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features.
5.5.4 Construction/Bindery. Pads are in sets of 100 prescriptions for shipment to practitioners and institutions across Delaware. A chipboard backer is required for each pad.
5.6 Laser Sheets (1-Up Version).
5.6.1 Size: Approximately 8-1/2" x 11".
5.6.2 Stock. The stock must be a minimum of 20# white controlled safety paper. The paper must react when alteration is attempted using the following list of chemicals: (Acetone, Methyl Ethyl Ketone, Ethyl Acetate, Nail Polish Remover, Paint Remover, Benzyl Alcohol, Methyl Alcohol, N-Butyl Alcohol, Iso Propyl Alcohol, Ethyl Alcohol, Rubbing Alcohol, Hair Spray, 1- Methoxy-2-Propanol, Carbon Tetrachloride, Bleach, Tetrahydrofurane, Butyl Cellulose, 5% Hydrochloric Acid & Trichloroethylene).
5.6.3 Presswork/Ink:
5.6.3.1 FRONT: Blue or green background. All text, not including logos, must be black. Must also contain color copy VOID Pantograph.
5.6.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features.
5.7 Laser Sheets (4-Up Version):
5.7.1 Size: Approximately Four individual 4-1/4" x 5-1/2" forms up on an approximately 8-1/2" x 11" sheet.
5.7.2 Stock. The stock must be a minimum of 20# white controlled safety paper. The stock utilized must be unavailable on the consumer market (unavailable in retail stores or stored in unsecured print facilities). The paper utilized must be designed and function effectively across a wide range of laser printing devices. The paper must react when alteration is attempted using the following list of chemicals: (Acetone, Methyl Ethyl Ketone, Ethyl Acetate, Nail Polish Remover, Paint Remover, Benzyl Alcohol, Methyl Alcohol, N-Butyl Alcohol, Iso Propyl Alcohol, Ethyl Alcohol, Rubbing Alcohol, Hair Spray, 1- Methoxy-2-Propanol, Carbon Tetrachloride, Bleach, Tetrahydrofurane, Butyl Cellulose, 5% Hydrochloric Acid & Trichloroethylene).
5.7.3 Presswork/Ink:
5.7.3.1 FRONT: Blue or green background. All text, not including logos, must be black. Must also contain color copy VOID Pantograph
5.7.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features.
5.7.4 Perforations: Laser cross perforations (full horizontal & full vertical) divide each sheet into approximately 4 equal sections that measure 4-1/4"x 5-1/2". Perforations must be compatible with a laser printing environment the paper must feed effectively and operate trouble-free across a wide range of laser devices by various manufacturers.
5.8 Thermal Rolls:
5.8.1 Size: Individual form size is approximately 4-1/4 "x 5-1/2".
5.8.2 Stock. A heavy weight, high sensitivity, direct thermal paper grade with an average basis weight of 20.4 lbs. (76.8 grams/m2). The thickness should be an average of 3.26 Mils (82.8 Microns). The grade should have an enhanced coating design with resistance to reasonable environmental conditions. The grade should provide a clear, dark image that is consistent and suitable for high quality bar code imaging. The optimum activation temperature at 194+/- 9 degrees F (90 +/- 5 degrees C) should result in a density reading of 1.3 ODU. The thermal grade should have an image stability or archivability rating such that after imaging with reasonable storage, the image will remain human readable for a minimum of 10 years.
5.8.3 Presswork/Ink:
5.8.3.1 FRONT: Must also contain color copy. VOID Pantograph.
5.8.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features.
5.8.4 This is a direct thermal roll product.
5.9 Intermic Thermal Rolls.
5.9.1 Size: Individual form size is approximately 4-1/4" x 5-1/2".
5.9.2 Stock. A heavy weight, high sensitivity, direct thermal paper grade with an average basis weight of 20.4 lbs. (76.8 grams/m2). The thickness should be an average of 3.26 Mils (82.8 Microns). The grade should have an enhanced coating design with resistance to reasonable environmental conditions, such as 24 hour immersion in water. The grade should provide a clear, dark image that is consistent and suitable for high quality bar code imaging. The optimum activation temperature at 194+/- 9 degrees F (90 +/- 5 degrees C) should result in a density reading of 1.3 ODU. The thermal grade should have an image stability or archivability rating such that after imaging with reasonable storage, the image will remain human readable for a minimum of 10 years.
5.9.3 Presswork/Ink:
5.9.3.1 FRONT: Blue or green background. All text, not including logos, must be black.
5.9.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features.
6.0 Two-Part Carbonless Form
6.1 Size: Approximately 4-1/4" x 5-1/2".
6.2 Stock:
6.2.1 Part 1 - Minimum of 20# White CB carbonless bond. The paper must contain an invisible coating that stains when bleach is applied.
6.2.2 Part 2 - Minimum of 20# CF carbonless bond.
6.3 Presswork/Ink:
6.3.1 FRONT: Blue or green background. All text, not including logos, must be black. Must also contain color copy VOID Pantograph.
6.3.2 BACK: The back shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and -repeated pattern in 5 lines, using 12-point Helvetica bold type style, printed in white or transparent non-penetrating ink, which is visible to the human eye when viewed only at a 45 degree angle. A friction activated (thermochromic) ink must be present in several locations on the back of each prescription and should change color or disappear when heated (reacts to body heat). It should return to its original color when cooled. The back shall also contain a chart listing all security features. The back of Part 2 is unprinted.
6.4 Numbering. A press or crash numbering methodology may be utilized to apply the crash numbering to part 2.
6.5 Construction and Bindery: Pads are in sets of 50 two-part prescriptions for shipment to practitioners and institutions across Delaware. A chipboard backer is required for each pad. An additional chipboard insert is shipped with each pad. Since these are carbonless 2-part pads, the chipboard insert will be used to prevent writing through to other ply(s).
7.0 Mandatory Prescription Form Markers:
7.1 Void Pantograph: Outlined open or solid letters spelling the word "VOID" when form is photocopied. A safety VOID pantograph background is required on each design.
7.2 Security Back Print: Text or images on back of forms stating that this is a security script;
7.3 Two signature lines printed at the bottom of the face of the form: Under the first line the words "Substitution Permissible" shall be printed: under the second line the phrase "In order for a brand name product to be dispensed, prescriber must hand write "Brand Necessary" or "Brand Medically Necessary" in the space provided as defined in 24 Del.C. § 2549;
7.4 Watermarking: The back of the form shall contain an artificial watermark reading "Delaware Security Prescription" horizontally in a step-and-repeated pattern in 5 lines, using a 12 point Helvetica bold type style in a coin reactive ink: the words "Delaware Security Prescription" must appear when rubbed with a coin;
7.5 Solid colored background;
7.6 Refill Indicator;
7.7 Chemical Reactive Paper: The paper must react when alteration is attempted using the following list of chemicals: Acetone, Methyl Ethyl Ketone, Nail Polish Remover, Paint Remover, Benzyl Alcohol, Methyl Alcohol, Rubbing Alcohol, Hair Spray, 1-Methoxy-2-Propanol, Carbon Tetrachloride, Bleach;
7.8 List all Security Features on Back;
7.9 Serial Numbered: The numbering scheme shall be in a format that can be easily data entered by the dispensing pharmacy.
7.9.1 Only one copy of serially numbered set shall be produced. NO DUPLICATE OR MISSING NUMBERS ARE ACCEPTABLE
7.10 Heat Sensing (Thermochromic Ink) Imprint.
7.11 Only one Controlled Substance listed on each prescription form.
7.12 Controlled Substance Quantity must be completed in both textual and numeric formats (e.g. #45 forty-five.)
8.0 Requirements for Vendors
8.1 Secure Stock: All controlled paper utilized in the production of the Prescription Forms must be manufactured under tightly controlled security conditions, restricted in its use and distribution.
8.2 Document Security: Vendors must guard against the loss of forms during the process of manufacture, storage, imprinting and delivery to designated recipients. Vendors must provide document security measures including but not limited to:
8.2.1 Security of the area where prescriptions pads and paper are stored.
8.2.2 Destruction of sensitive material waste including but not limited to all samples and test documents.
8.2.3 Accessibility of the printing, handling, imprinting, packaging and distribution area.
8.2.4 Storage of all printing and imprinting plates including the maintenance of a plate log and destruction record of places.
8.2.5 Building security including but not limited to surveillance within and around the facility.
8.3 Technical Environment/Computer.
8.3.1 Vendors must provide system security including but not limited to:
8.3.1.1 Robust encryption management process for managing data transfers both internally and eternally.
8.3.1.2 Back up data process and recoverability.
8.3.1.3 Password policy.
8.4 Vendors shall guarantee that only one copy of each serially numbered set will be produced. NO DUPLICATE OR MISSING NUMBERS ARE ACCEPTABLE.
8.5 State of Delaware reserves the right to have representatives enter a Vendor's premises without advance notice during stated hours of daily operation to inspect methods of production, storage and handling of forms, and to determine full compliance with all provisions of these regulations.
8.6 Any vendor manufacturing and selling tamper resistant prescription forms to a Delaware licensed practitioner or prescriber shall:
8.6.1 Register the vendor's company, representatives' contact information with the Division of Professional Regulation;
8.6.2 Verify, by means of an online service provided by the Division of Professional Regulation, that each person or organization placing an order for tamper resistant prescription forms is authorized to purchase the forms;
8.7 Vendors must provide for the immediate disposal of all damaged or mutilated forms.
8.8 Vendor staff and equipment must be capable of receiving and servicing all calls received daily.
8.9 Vendors must have the ability to track and report calls received, answered, abandoned, average speed of answer, average talk time, call reason, call resolution and call monitoring.
8.10 Vendors must have a contingency plan for equipment or service failure.
8.11 Vendor staff must have computer equipment capable of accessing the web-based ordering system, so that customer calls can be adequately serviced.
8.10 PAYMENT: Vendors must accept full payment by procurement (credit) card and/or conventional check and/or other electronic means.
8.11 Quality Assurance: Vendors must notify the Division of Professional Regulation of any quality control problems as they occur.
8.12 Certified vendors must notify Division of Professional Regulation in writing within 30 days of any material changes to its business, systems or processes related to compliance with these rules.
9.0 Order Processing:
9.1 Vendors must establish a system to directly receive, verify and process all orders for Prescription forms. Vendors must ensure that Prescriptions Forms are only to be issued to authorized practitioners and institutions. Such authorization shall include a registration process by which Division of Professional Regulation registers authorized practitioners/institutions. All such systems, including computer information, shall be housed and maintained in a secure environment.
9.2 Vendors must establish a system for order processing that meets all applicable regulations.
9.3 Returned Prescriptions: Vendors are responsible for tracking all prescriptions that have been returned to the vendor as being undeliverable or that contain errors. The vendor must maintain a record of all returned prescriptions to include serial numbers, the date of delivery, and the name of the practitioner/institution. Such records shall be made available to the Division of Professional Regulation upon request. When vendors receive prescriptions that have been returned as being undeliverable, they shall notify the practitioner/institution that placed the order immediately. Prescriptions containing errors or otherwise deemed undeliverable must be destroyed by the vendor.
9.4 All suspicious incidents involving returned prescriptions, as well as prescriptions that were lost in delivery must be immediately reported to the Division of Professional Regulation.
9.5 Tracers: Vendors are responsible for tracing orders not received, claims filed for non-receipt, and providing credit to registered practitioners for the cost of orders not received.
9.6 Suspicious Orders: Vendors immediately report all suspicious orders to the Division of Professional Regulation.
9.7 Rush Orders: Vendors shall establish and maintain a system capable of processing and shipping emergency orders overnight.
9.8 Ordering Procedure: Vendors are required to have either a local telephone number within the (302) area code, a toll free (800) number, or agree to accept collect calls. Each agency, practitioner or practitioner's authorized designee is responsible for placing their orders to the Vendor, which may be accomplished by written purchase order, telephone, fax or computer on-line systems. Vendors must accept full payment by procurement (credit) card and/or conventional check and/or other electronic means without imposing any additional fees, costs or conditions.
9.9 Order Management Requirements: The system must provide robust management information capabilities to the user such as Viewing Order History, Searching for an Order by various elements, Display of Previous Order Details including a PDF proof of the prescription layout, as well as the flexibility to place a Reorder based on a past order that is still viewable on the system. Previous Order History must be made available for a minimum of 2 years.
9.9.1 Order History - The system must be capable of maintaining order history for each Practitioner, Institution, and other authorized users. The system must present the user with a list of orders that can be sorted by order date, order number, or order status. A search engine should be deployed as part of the order history feature that allows user to search for an order by the above criteria. When an order is selected from the order history page, the details of the order must be presented. Details are to include the prescription numbers associated with that order, a shipping tracking number and estimated delivery date and the visible PDF proof of the actual order prescription information that was printed as part of the associated order.
9.9.1.1 Order Detail - When an order is selected from the order history page, the details of the order must be presented including the prescription numbers associated with that order, shipping tracking number and estimated delivery date and the visible PDF proof of the actual order script information that was printed as part of the associated order.
9.9.1.2 Reorder - The user must have the ability to repurpose past order data to place a reorder for any Practitioner order still active in their Order History Screen. All business rules, especially those relating to active practitioners and account status, need to be reapplied to a new order placed via the Reorder functionality.
9.9.2 Reorder forms.
9.9.2.1 A reorder form must accompany each shipped order.
9.9.2.2 Stock: 20# xerographic bond
9.9.2.3 Size: 8-1/2" x 11".
9.9.2.4 Presswork/Ink: Prints black ink front and back.
9.9.3 Mailing Container. All forms shall be wrapped in a secure manner suitable for mailing. All packaging must be of such strength, substance and construction suitable for mailing with a return address to vendor. Mailing container shall not contain any markers or labels to indicate that the contents are prescription forms.
10.0 Online Ordering
10.1 Data Transmission: Vendors shall provide licensed Practitioners with the order information in electronic format.
10.2 User Profile Requirements: Every Practitioner or designee connecting to the vendor provided software must be linked to a unique profile. The system must provide the capability to profile each user separately. This feature must enable the user to view his/her profile in the system and make modifications to user changeable fields such as password, telephone number, e-mail address. This screen also displays information that is not changeable by the user. These include spending limits, User ID, ship-to code, and user group affiliation (e.g., practitioner, Institutional user, etc.) and ship-to-address.
10.3 Input data validation
11.0 Delivery.
11.1 Forms shall be shipped via courier which provides a "protective signature service," or the vendor may make direct shipment from their factory by "For Hire" carrier or vendor's truck, provided shipment is made in locked vans and such vans are not left unlocked or unattended while making pickups and deliveries. Delivery may also be made by vendor's vehicles under similar security and delivery requirements. A printer's manifest must accompany the shipment.
11.2 Delivery must be made to the address approved by Division of Professional Regulation. No deliveries will be made to a private residence unless a practitioner's office and business location are attached. A record of delivery must be maintained by the Vendor and shall consist of the name of the practitioner/institution, prescription serial numbers, date of delivery, and the name and signature of the person receiving the delivery. This information must be maintained for a period of at least 5 years. Orders which are not delivered shall be handled as detailed in the section titled "Returned Prescriptions".
12.0 Mandatory Insurance Requirements.
Vendors shall obtain at their own cost and expense and keep in force and effect and provide proof of comprehensive general liability insurance.
13.0 State of Delaware Business License Requirement.
Vendors shall provide proof of and shall maintain a valid State of Delaware Business Licensure. Failure to comply with the State of Delaware licensing requirements may subject the vendor to applicable fines and/or interest penalties.
15 DE Reg. 1357 (03/01/12)
2600 Examining Board of Physical Therapists and Athletic Trainers
24 Del. Admin. Code § 2600-1.0 Definitions
1.1 Consultation (24 Del.C. §2612)
1.1.1 Consultation in direct access. A licensed health practitioner who has been granted prescriptive authority must be consulted if a patient is still receiving physical therapy after 30 calendar days have lapsed from the date of the initial assessment. This consultation must be documented and could take place at any time during the initial 30 day period. The consultation can be made electronically, including but not limited to text and email, by telephone, fax, in writing, or in person. There is nothing in these Rules and Regulations or in the Physical Therapy Law that limits the number of consultations the Physical Therapist can make on the patient's behalf. The consult should be with the patient's personal licensed health practitioner. If the patient does not have a personal licensed health practitioner, the Physical Therapist is to offer the patient at least 3 licensed health practitioners from which to choose. The referral to a licensed health practitioner after the initial 30 day period must not be in conflict with 24 Del.C. §2616(a)(8) which deals with referral for profit. If no licensed health practitioner consult has been made in this initial 30 day period, treatment must be terminated and no treatment may be resumed without a licensed health practitioner consult.
1.1.2 Consultation with written prescription from a licensed health practitioner. A prescription accompanying a patient must not be substantially modified without documented consultation with the referring practitioner. The consultation can be made electronically, including but not limited to text and email, by telephone, fax, in writing, or in person.
1.2 Direct Supervision
1.2.1 Direct supervision in connection with a Physical Therapist, Physical Therapist Assistant, or Athletic Trainer practicing under a temporary license means:
1.2.1.1 A licensed Physical Therapist or Athletic Trainer supervisor shall be on the premises when the individual with a temporary license is practicing and
1.2.1.2 Evaluations and progress notes written by the individual with a temporary license shall be co-signed by the licensed Physical Therapist supervisor.
1.2.2 Direct supervision in relation to a Physical Therapist Assistant with less than 1 year experience means a Physical Therapist shall be on the premises at all times and see each patient.
1.2.3 Direct supervision in relation to a Physical Therapist Assistant with 1 year or more experience means that the supervising Physical Therapist must see the patient, in person or by telehealth, at least once every sixth treatment day, and the Physical Therapist Assistant must receive face to face supervision, in person or by telehealth, at least once every twelfth treatment day. The initial evaluation counts as a "treatment day." When not providing direct supervision on the premises, the supervising Physical Therapist must have at least 1 year clinical experience and must be available and accessible by telecommunications to the Physical Therapist Assistant during all working hours of the Physical Therapist Assistant.
1.2.4 Direct supervision in relation to an Athletic Trainer treating an injury not defined as an 'athletic injury,' which must be a musculoskeletal disorder if seen for physical therapy, when the Athletic Trainer has 1 year or more experience, means that the supervising Physical Therapist must see the patient, in person or by telehealth, at least once every sixth treatment day, and the Athletic Trainer must receive face to face supervision, in person or by telehealth, at least once every twelfth treatment day. The initial evaluation counts as a "treatment day." When not providing direct supervision on the premises, the supervising Physical Therapist must have at least 1 year clinical experience and must be available and accessible by telecommunications to the Athletic Trainer during all working hours of the Athletic Trainer.
1.2.5 Direct supervision in connection with an Athletic Trainer treating an injury not defined as an 'athletic injury,' which must be a musculoskeletal disorder if seen for physical therapy, when the Athletic Trainer has less than 1 year of continuous experience means a Physical Therapist shall be on the premises at all times and see each patient.
1.2.6 Direct supervision in connection with an Athletic Trainer with a temporary license treating an 'athletic injury' is that the licensed Athletic Trainer supervisor shall be on the premises when the individual with a temporary license is practicing and all evaluations and progress notes shall be co-signed by the Athletic Trainer supervisor.
1.2.7 Direct supervision in relation to an Athletic Trainer with 1 year or more experience, who is treating a non-athletic injury, means that an Athletic Trainer must receive face to face supervision, in person or by telehealth, at least once every fifth treatment day or once every 3 weeks, whichever occurs first. The Supervising Physical Therapist must have at least 1 year experience. The Supervising Physical Therapist must be available and accessible by telecommunications to the Athletic Trainer during all working hours.
1.2.8 At any given time, a Physical Therapist shall not supervise more than: 2 Physical Therapist Assistants; or 2 Athletic Trainers; or 1 Physical Therapist Assistant and 1 Athletic Trainer.
1.2.9 Direct supervision in connection with support personnel means a licensed Physical Therapist, Physical Therapist Assistant or Athletic Trainer shall be personally present and immediately available within the treatment area to give aid, direction, and instruction when procedures are performed.
1.3 Support personnel (24 Del.C. §2615) means a person(s) who performs certain routine, designated physical therapy tasks, or athletic training tasks, under the direct supervision of a licensed Physical Therapist or Physical Therapist Assistant or Athletic Trainer. There shall be documented evidence of sufficient in-service training to assure safe performance of the duties assigned to the support personnel.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-2.0 Board
2.1 Specific duties of the officers:
2.1.1 The Chairperson:
2.1.1.1 Shall call meetings of the Board at least twice a year.
2.1.1.2 Shall represent the Board in all official functions and act as Board spokesperson.
2.1.2 The Vice-Chairperson:
2.1.2.1 Shall substitute for the Chairperson during the officer's absence.
2.1.3 The Secretary:
2.1.3.1 Shall preside when the Chairperson and Vice-Chairperson are absent.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-3.0 Responsibility of Physical Therapist
The Physical Therapist is responsible for the actions of the Physical Therapist Assistant or the Athletic Trainer when under his/her supervision. All supervision must be documented.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-4.0 Physical Therapist Assistants (24 Del.C. §2602(9))
The Physical Therapist Assistant may treat patients only under the direction of a Physical Therapist as defined in subsections 1.2.2 and 1.2.3. The Physical Therapist Assistant may perform physical therapy procedures and related tasks that have been selected and delegated by the supervising Physical Therapist. The Physical Therapist Assistant may administer treatment with therapeutic exercise, massage, mechanical devices, and therapeutic agents that use the properties of air, water, electricity, sound or light. The Physical Therapist Assistant may make minor modifications to treatment plans within the predetermined plan of care, assist the Physical Therapist with evaluations, and document treatment progress. The ability of the Physical Therapist Assistant to perform the selected and delegated tasks shall be assessed by the supervising Physical Therapist. The Physical Therapist Assistant shall not perform interpretation of referrals, physical therapy evaluation and reevaluation, major modification of the treatment plan, final discharge of the patient, or therapeutic techniques beyond the skill and knowledge of the Physical Therapist Assistant without proper supervision.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-5.0 Athletic Trainers (24 Del.C. §§2602(2) and (3))
5.1 Athletic injuries:
5.1.1 Athletic trainers may treat athletic injuries. Athletic injuries shall be considered musculoskeletal injuries to athletes that occur while currently participating in, or currently training for, scholastic, professional, or sanctioned amateur athletics, where such injury limits the athlete's ability to participate or train for their sport. Athletic Trainers may also treat musculoskeletal injuries received by athletes that occur while currently participating in recreational activities, where such recreational activities are recognized by the Amateur Athletic Union. All Athletic injuries must be documented by the Athletic Trainer as interfering with participation in or training for such athletic activities. Nothing prohibits the Athletic Trainer from treating minor sprains, strains, and contusions to athletes currently participating in professional, scholastic, recreational, or sanctioned amateur athletic activities.
5.2 Non-athletic injuries:
5.2.1 Athletic Trainers may treat musculoskeletal injuries as part of a physical therapy plan of care only under the direction and supervision of a Physical Therapist as defined in subsections 1.2.5 and 1.2.7. The Athletic Trainer may perform physical therapy and athletic training procedures and related tasks that have been selected and delegated by the supervising Physical Therapist. The Athletic Trainer may administer treatment with therapeutic exercises and modalities such as heat, cold, light air water, sound, electricity, massage and non-thrust mobilization. The Athletic Trainer may document treatment progress. The ability of the Athletic Trainer to perform selected and delegated tasks shall be assessed by the supervising Physical Therapist. The Athletic Trainer shall not perform interpretation of referrals, physical therapy evaluation and reevaluation, modification of the treatment plan, final discharge of the patient, or therapeutic techniques beyond the skill and knowledge of the athletic trainer without proper supervision. The supervising Physical Therapist must be contacted for approval to make any modification of the treatment plan within the physical therapy plan of care.
5.3 Exceptions:
5.3.1 Nothing in this regulation shall limit an Athletic Trainer's ability to provide preventative care procedures of conditioning, taping, protective bandaging, padding and icing. Nothing in this regulation shall limit an Athletic Trainer's ability to provide emergency treatment to injuries, or to provide immediate care to athletes who are currently participating in scholastic, professional, or sanctioned amateur athletics, within the scope of their training, so long as the immediate care does not last longer than 5 days without a consultation with a physician.
5.3.2 Nothing in this regulation shall limit an Athletic Trainer's ability to provide care that the general population is permitted to perform as long as the Athletic Trainer does not represent himself or herself as an Athletic Trainer during the performance of such care, and if working in a physician's office or as a physician extender, only provides assistance to the physician during regular physician office visits where the patient is provided direct on-site care by the physician and the visit is not for rehabilitation purposes.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-6.0 Support Personnel (24 Del.C. §2606(a))
6.1 Treatments which may be performed by support personnel under direct supervision are:
6.1.1 Ambulation
6.1.2 Functional activities
6.1.3 Transfers
6.1.4 Routine follow-up of specific exercises
6.1.5 Hot or cold packs
6.1.6 Whirlpool/Hubbard tank
6.1.7 Contrast bath
6.1.8 Infrared
6.1.9 Paraffin bath
6.1.10 Ultra sound
6.2 Exceptions - A support person may perform:
6.2.1 Patient related activities that do not involve treatment, including transporting patients, undressing and dressing patients, and applying assistive and supportive devices without direct supervision; and
6.2.2 Set up and preparation of patients requiring treatment using modalities.
6.3 Prohibited Activities - support personnel may not perform:
6.3.1 Evaluation; or
6.3.2 Treatments other than those listed in subsection 6.1.
6.4 Home health aides: A Physical Therapist may develop a physical therapy home health plan of care and a home health aide plan of care relating to physical therapy; however, the home health care aide or certified nurse's aide must be under the supervision of the nurse employed by the home health agency.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-7.0 Duty to Update Address; Licensure Procedures; Renewal of Licenses (24 Del.C. §2606)
7.1 Applications, the Rules and Regulations, and the Practice Act (24 Del.C. Ch. 26) are available on the Division of Professional Regulation's website.
7.2 Duty to Update Address
7.2.1 Licensees must provide the Division of Professional Regulation with any change of address from that registered with the Division. Any change in address must be reported to the Division within 30 days of such change. All notifications and correspondence pertaining to a licensee's license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.
7.3 Applicants for licensure as a Physical Therapist or Physical Therapist Assistant.
7.3.1 Examination.
7.3.1.1 The Board shall use the Physical Therapist and Physical Therapist Assistant examination endorsed by the Federation of State Boards of Physical Therapy.
7.3.1.2 All applicants for licensure as a Physical Therapist or Physical Therapist Assistant must successfully pass the examination described in subsection 7.3.1.1 in order to become eligible for licensure. The Board will adopt the criterion-referenced passing point recommended by the Federation of State Boards of Physical Therapy.
7.3.1.3 The Board may designate a third-party as its authorized designee to approve applicants to sit for the examination, including approval of requests for testing accommodations under the Americans with Disabilities Act of 1990, as amended.
7.3.1.3.1 A physical therapist student or physical therapist assistant student may take the examination up to 90 days prior to graduation from a CAPTE accredited program.
7.3.2 Applicants for licensure as a Physical Therapist or Physical Therapist Assistant must submit to the Board the following:
7.3.2.1 Professional Qualifications - proof of graduation (official transcript) from an educational program for the Physical Therapist or Physical Therapist Assistant which is accredited by the appropriate accrediting agency as set forth in the Practice Act.
7.3.2.2 Proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
7.3.2.3 Proof of completion of a criminal background check, pursuant to application instructions.
7.3.2.4 A check or money order payable to the State of Delaware.
7.3.2.5 A completed application form.
7.4 Applicants for licensure as an Athletic Trainer must submit to the Board the following:
7.4.1 Professional Qualifications - proof of graduation (official transcript) from an educational program described in 24 Del.C. §2606(a)(1), whether an accredited program or Board of Certification (BOC) internship.
7.4.2 Official letter of Athletic Trainer certification from BOC.
7.4.3 Proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
7.4.4 Proof of completion of a criminal background check, pursuant to application instructions.
7.4.5 A check or money order made payable to the State of Delaware.
7.4.6 The completed application form.
7.5 Licenses shall expire biennially on every odd numbered year. License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
7.5.1 The applicable fee; and
7.5.2 Attestation of completion of continuing education courses required by Section 13.0.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-8.0 Admission to Practice, Licensure by Reciprocity (24 Del.C. §2610)
Definition - The granting of a license to an applicant who meets all the requirements set forth in this Section and 24 Del.C. §2610.
8.1 The reciprocity applicant shall submit the documentation listed in subsections 7.3 or 7.4.
8.2 An applicant shall be deemed to have satisfied this Rule upon evidence satisfactory to the Board that he/she has complied with the standards set forth below:
8.2.1 The Physical Therapist or Physical Therapist Assistant applicant has passed the examination administered by the American Physical Therapy Association or the Federation of State Boards of Physical Therapy, if such existed at the time of examination, in the state, territory, or the District of Columbia in which he/she was originally licensed/registered. The passing score shall be 1.5 standard deviation below the national norm for those Physical Therapists and Physical Therapist Assistants having taken the examination prior to 1990.
8.2.2 All Physical Therapist/Physical Therapy Assistant reciprocity applicants shall supply his/her examination scores to the Board. The applicant may obtain his/her scores from the regulatory body of the state, territory, or the District of Columbia in which he/she was originally licensed/registered or from the FSBPT Score Transfer Service. From Physical Therapist applicants who were licensed/registered by a state, territory, or the District of Columbia only prior to 1963, the Board shall accept the following:
8.2.2.1 Professional Examination Service- American Physical Therapy Association (PES-APTA) examination scores with a passing grade of 1.5 standard deviation below the national norm on all sections, or
8.2.2.2 Other examining mechanisms which in the judgment of the Board were substantially equal to the mechanisms of the State of Delaware at the time of examination.
8.2.3 For the Athletic Trainer candidate, the passing score shall be that which was established at time of examination. All sections of the examination shall be passed. The reciprocity applicant shall have their BOC [verification of certification] forwarded directly to the Board office.
8.3 All reciprocity applicants shall show proof of completion of a minimum 2 hours ethics class related to the practice of physical therapy and/or athletic training and proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
8.4 All reciprocity applicants shall show proof of completion of a criminal background check, pursuant to application instructions.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-9.0 Applicants Trained Outside of the United States (24 Del.C. §2606(b))
9.1 A physical therapist or physical therapist assistant applicant whose application is based on a diploma issued by a school located outside of the United States shall complete all of the following requirements:
9.1.1 Provide documentation that the institution at which the applicant received his or her education is recognized by the Ministry of Education or equivalent agency in that country.
9.1.2 Provide an evaluation of professional education and training, prepared by a Board approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant's education is substantially equivalent to the education of a physical therapist or physical therapist assistant who graduated from a program approved for the educational preparation of physical therapists or physical therapist assistants by the appropriate accrediting agency recognized by the Board.
9.1.2.1 For initial applicants: The evaluation shall be based on the most recent Course Work Tool ("CWT") adopted by the Federation of State Boards of Physical therapy.
9.1.2.2 For reciprocity applicants: The evaluation shall be based on the retro CWT corresponding to the applicant's year of graduation. The applicant must provide proof of current licensure in another state.
9.1.2.3 If an applicant received an entry-level degree from a school accredited by the appropriate accrediting agency recognized by the Board, the school is considered equivalent to a domestic accredited school and the applicant is exempt from the requirement of evaluation of the school by a credentialing agency.
9.1.3 Pass the applicable licensing examination as set forth in subsection 7.3.1.1.
9.1.4 Complete any additional education requirements requested by the Board.
9.2 An athletic trainer applicant whose application is based on a diploma issued by a school located outside of the United States shall be evaluated by the Board on a case-by-case basis.
9.3 All applicants who were educated outside of the United States shall also submit to the Board the following:
9.3.1 The completed application.
9.3.2 A check or money order made payable to the State of Delaware.
9.3.3 Proof of completion of a criminal background check, pursuant to application instructions.
9.3.4 Proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
9.3.5 Proof of completion of a minimum 2 hours ethics class related to the practice of physical therapy and/or athletic training, as applicable.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-10.0 Temporary Licensure (24 Del.C. §2611)
10.1 The Board may issue a temporary license to all applicants who have submitted to the Board the documents listed in subsections 7.3 and 7.4, respectively, and who have been determined to be eligible to take the examination. The Board shall accept a letter signed by the Physical Therapist or Physical Therapist Assistant applicant's school official stating that the applicant has completed all requirements for graduation; provided, however, that the applicant shall submit to the Board an official transcript as soon as it becomes available. The Board will determine the Physical Therapist or Physical Therapist Assistant applicant's eligibility to take the examination. In the case of Athletic Trainer applicants for temporary license, a letter from BOC stating the applicant's eligibility to take the BOC examination will be required. Physical Therapist and Physical Therapist Assistant applicants may practice only under the direct supervision of a licensed Physical Therapist. Athletic Trainer applicants may practice only under the direct supervision of a licensed Athletic Trainer or Physical Therapist as that supervision is defined in subsection 1.2.1. A temporary license shall expire upon notice to the applicant of his/her failure to pass the license examination and may not be renewed. In all other cases, a temporary license may be renewed only once.
10.2 Applicants requesting reciprocity as a Physical Therapist, Physical Therapist Assistant, and Athletic Trainer. The Board may issue a temporary license to an applicant upon the applicant's submission of letters of good standing from all jurisdictions in which the applicant is or has ever been licensed. The temporary licensee may practice only under the direct supervision of an applicable licensed professional.
10.3 Applicants engaged in a special project, teaching assignment, or medical emergency as described in 24 Del.C. §2611(b) must submit letters of good standing from all jurisdictions in which the applicant is or has ever been licensed.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-11.0 Reactivation and Reinstatement (24 Del.C. §2607)
11.1 Reactivation: Any person who has been registered in the State and is not actively engaged in the practice of physical therapy or athletic training in the State may, upon request, be placed on the inactive register for a period of up to 5 years. The Board may reactivate an inactive license if the Physical Therapist, Physical Therapist Assistant or Athletic Trainer:
11.1.1 Files a written request for reactivation;
11.1.2 Shows proof of completion of continuing education units (CEUs) pursuant to the following pro ration schedule:
11.1.2.1 No CEUs are required for fewer than 12 months of inactive status.
11.1.2.2 1.5 CEUs are required after at least 12 months but less than 24 months of inactive status.
11.1.2.3 3.0 CEUs are required after 24 months of inactive status.
11.1.3 Shows proof of completion of a minimum 2-hour ethics class related to the practice of physical therapy or athletic training. These 2 hours are part of the required CEUs and not in addition to the required CEUs.
11.1.4 Shows proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
11.1.5 Shows proof of completion of Delaware and Federal Bureau of Investigation criminal background checks.
11.2 Reinstatement: Provided reinstatement is requested within 5 years after the license expiration date, the Board may reinstate the license of a Physical Therapist, Physical Therapist Assistant, or Athletic Trainer who allowed their license to lapse without requesting placement on the inactive register if the Physical Therapist, Physical Therapist Assistant, or Athletic Trainer:
11.2.1 Completes a form supplied by the Board.
11.2.2 Shows proof of completion of CEUs pursuant to the following pro ration schedule:
11.2.2.1 No CEUs are required for fewer than 12 months after the license expiration date.
11.2.2.2 1.5 CEUs are required after at least 12 months but less than 24 months after the license expiration date.
11.2.2.3 3.0 CEUs are required after 24 months after the license expiration date.
11.2.3 Shows proof of completion of a minimum 2-hour ethics class related to the practice of physical therapy or athletic training. These 2 hours are part of the required CEUs and not in addition to the required CEUs.
11.2.4 Shows proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. CPR certification must be obtained through a course with a live lab component.
11.2.5 Shows proof of completion of Delaware and Federal Bureau of Investigation criminal background checks.
11.2.6 After the 5-year period permitted for reinstatement, the individual must re-apply as a new applicant.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-12.0 Unprofessional Conduct (24 Del.C. §2616(7))
Unprofessional conduct shall mean the departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice or athletic training practice, in which actual injury to a patient need not be established. 24 Del.C. §2616(7).
12.1 Assuming duties within the practice of physical therapy or athletic training without adequate preparation or supervision or when competency has not been established or maintained.
12.2 The Physical Therapist or Athletic Trainer who knowingly allows a Physical Therapist Assistant or Athletic Trainer to perform prohibited activities is guilty of unprofessional conduct.
12.3 The Physical Therapist, Physical Therapist Assistant, or Athletic Trainer who knowingly performs prohibited activities is guilty of unprofessional conduct.
12.4 The Physical Therapist, Athletic Trainer, or Physical Therapist Assistant who knowingly allows support personnel to perform prohibited activities is guilty of unprofessional conduct.
12.5 Performing new physical therapy or athletic training techniques or procedures without proper education and practice or without proper supervision.
12.6 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.
12.7 Inaccurately recording, falsifying, or altering a patient or facility record.
12.8 Committing any act of verbal, physical, mental or sexual abuse of patients.
12.9 Assigning untrained persons to perform functions which are detrimental to patient safety, for which they are not adequately trained or supervised, or which are not authorized under these Rules and Regulations.
12.10 Failing to supervise individuals to whom physical therapy or athletic training tasks have been delegated.
12.11 Failing to safeguard the patient's dignity and right to privacy in providing services regardless of race, color, creed and status.
12.12 Violating the confidentiality of information concerning the patient.
12.13 Failing to take appropriate action in safeguarding the patient from incompetent health care practice.
12.14 Practicing physical therapy as a Physical Therapist or Physical Therapist Assistant or athletic training as an Athletic Trainer when unfit to perform procedures or unable to make decisions because of physical, psychological, or mental impairment.
12.15 Practicing as a Physical Therapist, Physical Therapist Assistant or Athletic Trainer when physical or mental ability to practice is impaired by alcohol or drugs.
12.16 Diverting drugs, supplies or property of a patient or a facility.
12.17 Allowing another person to use his/her license.
12.18 Resorting to fraud, misrepresentation, or deceit in taking the licensing examination or obtaining a license as a Physical Therapist, Physical Therapist Assistant or Athletic Trainer.
12.19 Impersonating any applicant or acting as proxy for the applicant in a Physical Therapist, Physical Therapist Assistant, or Athletic Trainer licensing examination.
12.20 A Physical Therapist, who initiated a physical therapy plan of care without a referral, continuing to treat a patient for longer than 30 days without a licensed health practitioner consult. An Athletic Trainer continuing to treat a patient, who initiated treatment for a minor strain, sprain, or contusion for longer than 30 days without a licensed health practitioner consult; preventative taping, padding, bandaging, icing and conditioning excluded.
12.21 Substantially modifying a treatment prescription without consulting the referring licensed health practitioner.
12.22 Failing to comply with the mandatory continuing education requirements of 24 Del.C. §2607(a) and Section 13.0.
12.23 Any licensee who has knowledge that another licensee has violated the Code of Professional Conduct set forth in Section 12.0, or any other Board law, Rule or Regulation, shall present that information by complaint to the Division of Professional Regulation for investigation.
12.24 Involvement in a contract involving less than fair market value for services, such as the contracting of athletic training services for less than fair market value, where such services include the direct or indirect kickback of referrals or other financial gain.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-13.0 Mandatory Continuing Education Units (CEUs) (24 Del.C. §2607(a))
13.1 Three CEUs are required for every biennial license renewal for Physical Therapists, Physical Therapist Assistants, and Athletic Trainers. The required CEUs shall be completed no later than January 31 of every odd-numbered year and every 2 years after such date. The required hours shall include 0.2 units of Ethics and proof of current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. Proof of current CPR certification will count for 0.1 CEU.
13.1.1 One CEU will be given for every 10 hours of an approved continuing education course. (1 contact hour = .1 CEU).
13.1.2 CEUs shall not be carried over from 1 biennial period to the next.
13.1.3 CEU requirements shall be prorated for new licensees. If the license is granted during the 6-month period shown below, the following will be required for renewal:
13.1.3.1 If an applicant is granted a license during the first 6 months of a license period, between the dates of February 1 of an odd-numbered year and July 31 of that year, the new licensee must complete 2.5 CEUs.
13.1.3.2 If an applicant is granted a license during the second 6 months of a license period, between the dates of August 1 of an odd-numbered year and January 31 of an even-numbered year, the licensee must complete 2.0 CEUs.
13.1.3.3 If an applicant is granted a license during the third period of 6 months during a license period, between the dates of February 1 of an even-numbered year and July 31 of an even-numbered year, the licensee must complete 1.5 CEUs.
13.1.3.4 If an applicant is granted a license during the last period of 6 months during a license period, between the dates of August 1 of an even-numbered year and January 31 of an odd-numbered year, the licensee must complete 0.5 CEUs.
13.2 Each course must include topics relevant to the field of health care as it pertains to Physical Therapy or Athletic Training. Approval of CEUs shall be within the discretion of the Board.
13.2.1 Continuing education units that have been previously approved during the current licensing period by another agency such as a national governing body, for example, APTA and BOC, or a fellow state licensing board shall be acceptable to the Examining Board for the State of Delaware as appropriate CEUs.
13.2.2 Any sponsors or licensees wishing to receive prior written approval of CEU courses from the Board must complete a CEU Application Form. CEU applications shall be reviewed and approved or denied by a designated Board member, and the designated Board member's decision shall be ratified by the Board. Board approval shall expire 3 years after the approval date. If the course is amended at any time during the 3 years, the sponsor or licensee shall submit a new Application Form.
13.2.3 Hardship. An applicant for license renewal may be granted an extension of time in which to complete CEU hours or a total or partial waiver of CEU requirements upon a showing of hardship. Hardship may include, but is not limited to, disability, illness, extended absence from the country and exceptional family responsibilities. No extension of time or waiver shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license.
13.2.4 CEUs may be earned through Board approved courses in colleges and universities, extension courses, independent study courses, workshops, seminars, conferences, lectures, videotapes, professional presentations and publications, and in-services oriented toward the enhancement of their respective professional practice. CEU programs shall be conducted under responsible sponsorship, capable direction and qualified instruction. The program may include staff development activities of agencies and cross-disciplinary offerings.
13.2.5 The following are examples of acceptable continuing education which the Board may approve. The Board will determine the appropriate number of contact hours for these categories of continuing education, subject to any limitation shown below.
13.2.5.1 Professional meetings including national, state, chapter, and state board meetings
13.2.5.2 Seminars/workshops
13.2.5.3 Staff/faculty in-services
13.2.5.4 First time presentation of professionally oriented course/lecture (0.3 CEU/hour per presentation)
13.2.5.5 Approved self studies including online courses that demonstrate time requirements and are related to physical therapy or athletic training if there is a sponsoring agency and the sponsoring agency provides a certificate of completion.
13.2.6 The following are also examples of acceptable continuing education in the amount of CEUs shown.
13.2.6.1 University/college courses:
0.34 CEU for each 1 credit profession-related course per semester
0.27 CEU for each 1 credit profession-related course per trimester
0.24 CEU for each 1 credit profession-related course per quarter
13.2.6.2 Passing of licensing examination (1.5 CEUs)
13.2.6.3 Original publication in peer reviewed publication (0.3 CEU)
13.2.6.4 Original publication in non-peer reviewed publication (0.1 CEU)
13.2.6.5 Holding of an office (0.3 CEU), to include:
Executive officer's position for the national or state professional associations (President, Vice-President, Secretary, Treasurer)
Member, Examining Board of Physical Therapists
13.2.6.6 Acting as the direct clinical instructor providing supervision to a Physical Therapist, Physical Therapist Assistant or Athletic Trainer student officially enrolled in an accredited institution during an internship (40 contact hours = 0.1 CEU)
13.2.6.7 Acting as the direct clinical instructor providing supervision to an Athletic Training student officially enrolled in an accredited Athletic Training Education Program (40 contact hours = 0.1 CEU).
13.3 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Section 13.0.
13.3.1 Attestation shall be completed electronically.
13.3.2 Licensees selected for random audit will be required to supplement the attestation with attendance verification pursuant to subsection 13.4.
13.4 Random audits will be performed by the Board to ensure compliance with the CEU requirements.
13.4.1 The Board will notify licensees within 60 days after January 31 that they have been selected for audit.
13.4.2 Licensees selected for random audit shall be required to submit verification within 20 days of receipt of notification of selection for audit.
13.4.3 Verification shall include, but is not limited to, the following information:
13.4.3.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance;
13.4.3.2 Date of CEU course;
13.4.3.3 Instructor of CEU course;
13.4.3.4 Sponsor of CEU course;
13.4.3.5 Title of CEU course; and
13.4.3.6 Number of hours of CEU course.
13.4.4 The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these Rules and Regulations shall constitute a violation of 24 Del.C. §2616(a)(7) and subsection 12.22 and the licensee may be subject to 1 or more of the disciplinary sanctions set forth in 24 Del.C. §2616.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-14.0 Telehealth (29 Del.C. §2602(13))
14.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including physical therapy and athletic training-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
14.2 The Physical Therapist, Athletic Trainer or Physical Therapist Assistant (referred to as "licensee" for the purpose of this regulation) who provides treatment through telehealth shall meet the following requirements:
14.2.1 Location of patient during treatment through telehealth
14.2.1.1 The licensee shall have an active Delaware license in good standing to practice telehealth in the state of Delaware.
14.2.1.2 During the telehealth treatment session, the patient shall be located within the borders of the State of Delaware.
14.2.2 Informed consent
14.2.2.1 Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. For the purpose of this subsection, written consent includes an electronic signature. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:
14.2.2.1.1 The use of electronic communications in the provision of care;
14.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
14.2.2.1.3 The potential disruption of electronic communication in the use of telehealth.
14.2.3 Confidentiality: The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.
14.2.4 Competence and scope of practice
14.2.4.1 The licensee shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.
14.2.4.2 The licensee shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care.
14.2.4.3 The licensee shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience.
14.2.4.4 The licensee shall document in the file or record which services were provided by telehealth.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-15.0 Advanced Training Requirements
Certain techniques used in physical therapy and athletic training require advanced training to assure the licensee meets accepted standards of care.
15.1 Emergency administration of asthma and anaphylaxes medications: The licensee must be certified in first aid by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website. Proof of such certification shall be provided by the licensee to the Board or a member of the public on demand.
15.2 Emergency administration of glucagon: The licensee must complete the online course covering the emergency administration of glucagon provided by the American Diabetes Association, or other agency approved by the Board and posted on the Division of Professional Regulation's website. Proof of such course completion shall be provided by the licensee to the Board or a member of the public on demand.
15.3 Physical therapy or athletic training care provided outside the clinical setting, at an athletic venue, to athletic injuries.
15.3.1 Definitions
15.3.1.1 "Approved supervisor" shall mean a licensed physical therapist with Sports Physical Therapy Specialist ("SCS") certification by the American Board of Physical Therapy Specialties (“ABPTS”), a licensed athletic trainer, or a board certified sports medicine physician.
15.3.1.2 "Collision sports" shall mean sports such as football, soccer, wrestling, ice hockey, men's lacrosse or rugby.
15.3.1.3 "Direct supervision" shall mean that the approved supervisor is physically present and has the ability to intervene in all care or coverage.
15.3.1.4 "Indirect supervision" shall mean that the approved supervisor is available by telecommunication.
15.3.1.5 "On-the-field care" shall mean physical therapy or athletic training care provided outside the clinical setting, at an athletic venue, to athletic injuries.
15.3.2 Physical therapy or athletic training care may be provided outside the clinical setting at an athletic venue to athletic injuries only where: 1) as set forth in subsection 15.3.2.1, the licensee is either a physical therapist with SCS certification or an athletic trainer; 2) subject to the requirements of subsection 15.3.2.2, the licensee is pursuing SCS certification through a residency program; or 3) subject to the requirements of subsection 15.3.2.3, the licensee is pursuing SCS certification through supervised hours.
15.3.2.1 Certification. The licensee has received certification as an SCS by the ABPTS or has received certification as an Athletic Trainer by the Board of Certification for the Athletic Trainer; or
15.3.2.2 Residency program: The licensee is a licensed physical therapist enrolled in an approved, accredited APTA SCS residency ("SCSR"); and
15.3.2.2.1 Maintains CPR and first aid certification at the minimal level of Basic Life Support for Healthcare Providers by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website; and
15.3.2.2.2 Is directly supervised by an approved supervisor when providing on-the-field care for at least the first 100 hours, at least half of which shall be performed while covering collision sports, and until all residency competencies for on-the-field care have been satisfied. Such competencies shall include, but are not limited to:
15.3.2.2.3 After the 100 hours have been completed, is indirectly supervised until the results of the next offered SCS examination are obtained; or
15.3.2.3 Supervised hours: The licensee is a licensed physical therapist obtaining experience hours under direct supervision by an approved supervisor at all times when on-the-field care is provided; and
15.3.2.3.1 Maintains CPR and first aid certification at the minimal level of Basic Life Support for Healthcare Providers by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website; and
15.3.2.3.2 Completes SCS certification within a 4-year period, with the hours documented, including the confirmation signature of the primary supervisor.
15.3.3 All licensees providing care pursuant to subsection 15.3 shall provide proof of certification or documentation of training to the Board or public on demand.
15.4 Dry Needling
15.4.1 Dry needling is "an intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying muscular tissue, connective tissues and myofascial trigger points for the management of neuromusculoskeletal pain and movement impairments; is based upon Western medical concepts; and requires a physical therapy examination and diagnosis." 24 Del.C. §2602(6). Dry needling is within the scope of practice for a Physical Therapist. 24 Del.C. §2602(10)(a). It is not in the scope of practice for Athletic Trainers, Physical Therapy Assistants or Physical Therapy Aides.
15.4.2 Requirements for Physical Therapists to perform dry needling:
15.4.2.1 Dry needling may be performed by a licensed Physical Therapist who meets the requirements of subsection 15.4.
15.4.2.2 The Physical Therapist shall have no less than 2 years of active clinical experience in the treatment of patients as a licensed Physical Therapist and shall hold a current license in good standing.
15.4.2.3 The Physical Therapist shall have current CPR certification by the American Red Cross, American Heart Association, National Safety Council or other agency approved by the Board and posted on the Division of Professional Regulation's website.
15.4.2.4 Dry needling shall be performed directly by the Physical Therapist and shall not be delegated.
15.4.2.5 Dry needling shall be performed in a manner that is consistent with generally accepted standards of practice, including clean needle techniques and the bloodborne pathogen standards of the Occupational Safety and Health Administration ("OSHA").
15.4.2.6 Dry needling is an advanced procedure that requires specialized training. A Physical Therapist shall not perform dry needling in Delaware unless he or she has and maintains documented proof of completing a Board-approved training program on dry needling.
15.4.2.6.1 The program shall be a minimum of 54 hours, which shall be completed within no more than 2 years;
15.4.2.6.2 The Physical Therapist shall successfully complete the minimum passing criteria for the dry needling program; and
15.4.2.6.3 The Physical Therapist shall only utilize the specific techniques for which he or she has demonstrated competency.
15.4.3 Physical Therapists who are performing dry needling at the time of enactment of this regulation, and who have completed 25 hours of dry needling education, may continue to practice dry needling, upon submission of proof of experience and education to the Board. Such Physical Therapists shall complete the required 54 hours of education within 2 years after enactment of this regulation.
15.4.4 Board approved dry needling training program: A dry needling training program shall include the following to be eligible for Board approval:
15.4.4.1 A dry needling training program shall require each trainee to demonstrate successful psychomotor and cognitive performance through practical and written examination.
15.4.4.2 A dry needling program shall be attended in person by the Physical Therapist, shall not be attended online or through any other means of distance learning and shall not be a self-study program.
15.4.4.3 The program curriculum shall include the following:
15.4.4.3.1 History and current literature review of dry needling and evidence based practice;
15.4.4.3.2 Pertinent anatomy and physiology;
15.4.4.3.3 Choice and operation of supplies and equipment;
15.4.4.3.4 Knowledge of technique including indications/contraindications and precautions for use;
15.4.4.3.5 Proper technique of tissue penetration;
15.4.4.3.6 Knowledge of hazards and complications;
15.4.4.3.7 Safe practice guidelines and generally accepted standards of practice including clean needle techniques and OSHA's bloodborne pathogen standards;
15.4.4.3.8 Post intervention care, including an adverse response or emergency;
15.4.4.3.9 Documentation of successful completion of psychomotor and cognitive performance through practical and written examination; and
15.4.4.3.10 Supervised training.
15.4.4.3.11 The dry needling program, including the required supervised training, shall be taught by a Physical Therapist who meets the qualifications of subsection 15.4.
15.4.5 Scope of Practice
15.4.5.1 A Physical Therapist may not perform dry needling on a patient until completion of at least 25 hours of education in a Board approved dry needling program.
15.4.5.2 A Physical Therapist may not perform dry needling on high risk areas until completion of at least 54 hours of education in a Board approved dry needling program. As used in this regulation, high risk areas are the anterior cervical region, abdominal region, and the region directly over the ribs, unless the pincher technique is performed.
15.4.6 Examination and Informed Consent
15.4.6.1 Examination: A Physical Therapist shall only perform dry needling following an examination and diagnosis for the purpose of treating specific anatomic entities selected according to physical signs.
15.4.6.2 Informed consent: At the first visit, a Physical Therapist performing dry needling shall obtain written informed consent from the patient before the Physical Therapist performs dry needling on the patient. The patient shall receive a copy of the informed consent, and the Physical Therapist shall retain a copy in the patient's record. The informed consent shall include, at a minimum, the following:
15.4.6.2.1 The patient's signature;
15.4.6.2.2 The risks and benefits of dry needling;
15.4.6.2.3 The Physical Therapist's level of education regarding supervised hours of training in dry needling; and
15.4.6.2.4 A clearly and conspicuously written statement that the patient is not receiving acupuncture, including the following language: "Dry needling is a technique used in physical therapy practice to treat myofascial, muscular, and connective tissues for the management of neuromuscular pain and movement dysfunction. Dry needling technique should not be confused with an acupuncture treatment performed by a licensed acupuncturist."
15.4.7 Referral required: A physician referral specific for dry needling is required. If the initial referral is received orally, it must be followed up with a written referral.
15.4.8 Procedure notes: A Physical Therapist who performs dry needling shall maintain documentation in the patient's chart or record for each dry needling session. The note shall include the treatment received, the response to treatment and any adverse response.
15.4.9 Documentation of training: The Physical Therapist bears the burden of proof of sufficient education and training to ensure competence with the treatment or intervention. If requested by the Board or a member of the public, the Physical Therapist practicing dry needling shall provide documentation of completion of the training required by this regulation. Failure to provide written documentation to the Board of meeting the training requirements shall be deemed prima facie evidence that the Physical Therapist is not competent and shall not be permitted to perform dry needling.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-16.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
16.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
16.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
16.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
16.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
16.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
16.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
16.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
16.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
16.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
16.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
16.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
16.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
16.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
16.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
16.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
16.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
16.11 Any person who reports pursuant to this Section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
16.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's Rules and Regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
24 Del. Admin. Code § 2600-17.0 Crimes substantially related to the practice of physical therapy and athletic training:
17.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of physical therapy and athletic training in the State of Delaware without regard to the place of conviction:
17.1.1 Aggravated menacing. 11 Del.C. §602 (b).
17.1.2 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
17.1.3 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
17.1.4 Assault in the second degree. 11 Del.C. §612.
17.1.5 Assault in the first degree. 11 Del.C. §613.
17.1.6 Assault by abuse or neglect. 11 Del.C. §1103B.
17.1.7 Unlawfully administering drugs. 11 Del.C. §625.
17.1.8 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
17.1.9 Criminally negligent homicide. 11 Del.C. §631.
17.1.10 Manslaughter. 11 Del.C. §632.
17.1.11 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
17.1.12 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
17.1.13 Murder in the second degree; class A felony. 11 Del.C. §635.
17.1.14 Murder in the first degree. 11 Del.C. §636.
17.1.15 Promoting suicide. 11 Del.C. §645.
17.1.16 Abortion. 11 Del.C. §651.
17.1.17 Incest. 11 Del.C. §766.
17.1.18 Unlawful sexual contact in the second degree. 11 Del.C. §768.
17.1.19 Unlawful sexual contact in the first degree. 11 Del.C. §769.
17.1.20 Rape in the fourth degree. 11 Del.C. §770.
17.1.21 Rape in the third degree. 11 Del.C. §771.
17.1.22 Rape in the second degree. 11 Del.C. §772.
17.1.23 Rape in the first degree. 11 Del.C. §773.
17.1.24 Sexual extortion. 11 Del.C. §774.
17.1.25 Continuous sexual abuse of a child. 11 Del.C. §776.
17.1.26 Dangerous crime against a child. 11 Del.C. §777.
17.1.27 Sex offender unlawful sexual conduct against a child. 11 Del.C. §777A.
17.1.28 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties. 11 Del.C. §778.
17.1.29 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree; penalties. 11 Del.C. §778A.
17.1.30 Female genital mutilation. 11 Del.C. §780.
17.1.31 Unlawful imprisonment in the first degree. 11 Del.C. §782.
17.1.32 Kidnapping in the second degree. 11 Del.C. §783.
17.1.33 Kidnapping in the first degree. 11 Del.C. §783A.
17.1.34 Arson in the first degree. 11 Del.C. §803.
17.1.35 Burglary in the second degree. 11 Del.C. §825.
17.1.36 Burglary in the first degree. 11 Del.C. §826.
17.1.37 Robbery in the second degree. 11 Del.C. §831.
17.1.38 Robbery in the first degree. 11 Del.C. §832.
17.1.39 Carjacking in the second degree. 11 Del.C. §835.
17.1.40 Carjacking in the first degree. 11 Del.C. §836.
17.1.41 Theft; felony. 11 Del.C. §841.
17.1.42 Extortion. 11 Del.C. §846.
17.1.43 Identity theft. 11 Del.C. §854.
17.1.44 Forgery. 11 Del.C. §861.
17.1.45 Falsifying business records. 11 Del.C. §871.
17.1.46 Tampering with public records in the first degree. 11 Del.C. §876.
17.1.47 Issuing a false certificate. 11 Del.C. §878.
17.1.48 Reencoder and scanning devices. 11 Del.C. §903A.
17.1.49 Criminal impersonation of a police officer. 11 Del.C. §907B.
17.1.50 Insurance fraud. 11 Del.C. §913.
17.1.51 Health care fraud. 11 Del.C. §913A.
17.1.52 Dealing in children. 11 Del.C. §1100A.
17.1.53 Child abuse in the second degree. 11 Del.C. §1103A.
17.1.54 Child abuse in the first degree. 11 Del.C. §1103B.
17.1.55 Sexual exploitation of a child. 11 Del.C. §1108.
17.1.56 Unlawfully dealing in child pornography. 11 Del.C. §1109.
17.1.57 Possession of child pornography. 11 Del.C. §1111.
17.1.58 Sexual solicitation of a child. 11 Del.C. §1112A.
17.1.59 Promoting sexual solicitation of a child. 11 Del.C. §1112B.
17.1.60 Bribery. 11 Del.C. §1201.
17.1.61 Receiving a bribe; felony. 11 Del.C. §1203.
17.1.62 Perjury in the second degree. 11 Del.C. §1222.
17.1.63 Perjury in the first degree. 11 Del.C. §1223.
17.1.64 Bribing a witness. 11 Del.C. §1261.
17.1.65 Bribe receiving by a witness. 11 Del.C. §1262.
17.1.66 Tampering with a witness. 11 Del.C. §1263.
17.1.67 Interfering with child witness; class F. 11 Del.C. §1263A.
17.1.68 Bribing a juror. 11 Del.C. §1264.
17.1.69 Bribe receiving by a juror. 11 Del.C. §1265.
17.1.70 Tampering with physical evidence. 11 Del.C. §1269.
17.1.71 Riot. 11 Del.C. §1302.
17.1.72 Hate crimes; felony. 11 Del.C. §1304.
17.1.73 Stalking; felony. 11 Del.C. §1312.
17.1.74 Violation of privacy; felony. 11 Del.C. §1335.
17.1.75 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
17.1.76 Adulteration. 11 Del.C. §1339.
17.1.77 Promoting prostitution in the second degree. 11 Del.C. §1352.
17.1.78 Promoting prostitution in the first degree. 11 Del.C. §1353.
17.1.79 Carrying a concealed deadly weapon; Class E (if previous conviction within 5 years). 11 Del.C. §1442.
17.1.80 Possessing a destructive weapon. 11 Del.C. §1444.
17.1.81 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445.
17.1.82 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
17.1.83 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
17.1.84 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
17.1.85 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
17.1.86 Organized Crime and Racketeering. 11 Del.C. §1504.
17.1.87 Victim or Witness Intimidation. 11 Del.C. §§3532 & 3533.
17.1.88 Abuse, neglect, mistreatment or financial exploitation of residents or patients; felony or under subsection (c). 16 Del.C. §1136(a), (b) and (c).
17.1.89 Prohibited acts A under the Uniform Controlled Substances Act. Former 16 Del.C. §4751(a), (b) and (c).
17.1.90 Prohibited acts B under the Uniform Controlled Substances Act. Former 16 Del.C. §4752(a) and (b).
17.1.91 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). Former 16 Del.C. §4753A (a)(1)-(9).
17.1.92 Prohibited acts E under the Uniform Controlled Substances Act. Former 16 Del.C. §4755.(a)(1) and (2).
17.1.93 Prohibited acts under the Uniform Controlled Substances Act. Former 16 Del.C. §4756(a)(1)-(5) and (b).
17.1.94 Distribution to persons under 21 years of age. Former 16 Del.C. §4761.
17.1.95 Purchase of drugs from minors. Former 16 Del.C. §4761A.
17.1.96 Drug dealing - aggravated possession; class B felony. 16 Del.C. §4752.
17.1.97 Drug dealing - aggravated possession; class C felony. 16 Del.C. §4753.
17.1.98 Drug dealing - aggravated possession; class D felony. 16 Del.C. §4754.
17.1.99 Aggravated possession; class E felony. 16 Del.C. §4755.
17.1.100 Aggravated possession; class F felony. 16 Del.C. §4756.
17.1.101 Miscellaneous drug crimes; class B, C and F felony. 16 Del.C. §4757.
17.1.102 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony. 23 Del.C. §2302(a) and §2305 (3) and (4).
17.1.103 Failure to collect or pay over tax. 30 Del.C. §572.
17.1.104 Third or more conviction for driving a vehicle while under the influence or with a prohibited alcohol or drug content; felony. 21 Del.C. §4177(a); 21 Del.C. §4177(d)(3)-(7).
17.1.105 Duty of driver involved in accident resulting in injury or death to any person; felony. 21 Del.C. §4202.
17.1.106 Interception of Communications Generally; Divulging Contents of Communications; felony. 11 Del.C. §2402.
17.1.107 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
17.1.108 Aggravated Act of Intimidation. 11 Del.C. §3533.
17.1.109 Background Checks for Child-Serving Entities. 31 Del.C. §309.
17.1.110 Abuse, neglect, exploitation or mistreatment of infirm adult; felony. 31 Del.C. §3913(a), (b) and (c).
17.2 Crimes substantially related to the practice of physical therapy and athletic training shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this Section.
History
- 18 DE Reg. 469 (12/01/14)
- 24 DE Reg. 491 (11/01/20)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 8 DE Reg. 1591 (05/01/05)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 28 DE Reg. 395 (11/01/24)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 24 DE Reg. 491 (11/01/20)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 18 DE Reg. 469 (12/01/14)
- 20 DE Reg. 913 (05/01/17)
- 4 DE Reg. 1114 (01/01/01)
- 5 DE Reg. 2101 (05/01/02)
- 6 DE Reg. 189 (08/01/02)
- 8 DE Reg. 1452 (04/01/05)
- 8 DE Reg. 1591 (05/01/05)
- 10 DE Reg. 741 (10/01/06)
- 15 DE Reg. 1054 (01/01/12)
- 18 DE Reg. 469 (12/01/14)
- 18 DE Reg. 899 (05/01/15)
- 20 DE Reg. 913 (05/01/17)
- 21 DE Reg. 812 (04/01/18)
- 22 DE Reg. 618 (01/01/19)
- 24 DE Reg. 491 (11/01/20)
- 28 DE Reg. 395 (11/01/24)
2925 Real Estate Commission Education Committee
24 Del. Admin. Code § 2925-1.0 Objective
Through education, the licensee shall be reasonably current in real estate knowledge and shall have improved ability to provide greater protection and service to the real estate consumer, thereby supporting the Delaware Real Estate Commission's primary objective of protection of the public. This supplement to the Rules and Regulations of the Delaware Real Estate Commission shall set forth the Guidelines for all Real Estate Prelicensing Courses and Continuing Education as mandated under 24 Del.C. §2906(a)(6).
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-2.0 Administration
The Delaware Real Estate Commission has the governing powers to approve or disapprove educational course offerings and instructor approval and reserves the right to suspend or revoke the privilege of conducting any educational course to any course provider(s) or instructor(s) who fail to adhere to the educational guidelines as established by the Commission. Any Commission decision pursuant to this Section shall be subject to a written request for reconsideration. A request for reconsideration shall be submitted to the Commission no later than 30 days after the date of the letter setting forth the Commission’s decision. The Commission’s decision on a request for reconsideration is final and not subject to further review.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-3.0 Education Committee
3.1 Committee Structure – The Committee shall be comprised of nine (9) members, three (3) from each county. Up to three (3) members may be public members and the remaining members shall be professional members.
3.1.1 A public member shall not be, nor have been within the last five (5) years prior to the effective date of appointment, a real estate licensee. A public member shall have a high school diploma, or the equivalent, and shall have a minimum of five (5) years experience in a professional capacity, other than as a real estate licensee.
3.1.2 A professional member shall hold an active Delaware real estate license in good standing and shall have a minimum of three (3) years of full time real estate sales or brokerage experience. A professional member shall also demonstrate past or present interest and experience in real estate educational activities and familiarity with the Real Estate Commission’s licensing law (Chapter 29 of Title 24 of the Delaware Code) and rules and regulations.
3.2 Committee Officers - (Chairperson and Vice-Chairperson) shall be elected from the Committee and shall serve one year terms. Election of said officers will be held in January.
3.3 Term of Office
3.3.1 Each appointment shall be for three (3) full years. Each appointed committee member may succeed himself or herself for one (1) additional term. No person who has been appointed to the Committee shall again be appointed to the Committee until an interim period of at least one (1) year has passed since such person last served.
3.3.2 A majority of the members holding appointed office at any given time members shall constitute a quorum; and no recommendation shall be effective without the affirmative vote of a majority of the quorum. Any member who fails to attend three (3) consecutive regular business meetings without a valid excuse, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Commission.
3.3.3 Committee members shall be appointed by the Commission. Applications for committee membership will be received by the Commission, via a letter of intent and a current resume 60 days prior to an anticipated vacancy. Committee members may be removed by the Commission for good cause. If an interim vacancy should occur, the Commission shall appoint a person to fill the position for a full three (3) year term commencing with the date of appointment.
3.4 Committee Responsibilities
3.4.1 It shall be the duty of the Education Committee to oversee the content and conduct of all pre-licensing courses for salesperson and broker as well as continuing education programs offered to fulfill the educational requirements for obtaining and maintaining licensure in the State of Delaware.
3.4.2 The Education Committee shall have the responsibility for reviewing all applications for pre-licensing and continuing education credit as well as review of instructor applicants, to insure that all applications satisfy the requirements.
3.4.3 After this review, the Education Committee shall recommend that an application be approved, disapproved or approved with modifications by the Commission. If approval is recommended with regard to continuing education, the Committee shall indicate the number of full credit hours for the course. In making its decisions, the Education Committee shall follow the provisions contained in these guidelines. Any recommendation for non-approval shall be accompanied by a specific reason. Only the Delaware Real Estate Commission shall have the power to approve or disapprove the application for a course offering or instructor approval.
3.4.4 If the Commission denies a course or instructor application, the applicant may submit a written request for reconsideration to the Commission. Such request for reconsideration shall be submitted to the Commission no later than 30 days after the date of the denial letter. The Commission’s decision on a request for reconsideration is final and not subject to further review.
3.4.5 The Education Committee shall undertake such other duties and responsibilities directly related to education as the Commission shall direct from time to time.
3.4.6 Committee meeting times and places shall be as necessary, but in all cases within two weeks prior to the next regularly scheduled meeting of the Commission. Committee meetings shall be conducted in accordance with the Administrative Procedures Act.
3.4.7 Notwithstanding any rule, regulation, or guideline to the contrary, members of the Education Committee who attend at least eighty percent (80%) of the meetings of the Education Committee during a biennial licensure period may receive one hour of continuing education for each meeting attended and said hour may be applied to any continuing education required for renewal.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-4.0 Methods of Education Delivery
4.1 Prelicensing education and continuing education may be delivered in a traditional classroom setting or by distance learning, which may be asynchronous or synchronous.
4.2 Definitions
"Asynchronous learning" means distance learning without the opportunity for real time interaction between the instructor and students.
"Distance learning" means education in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate locations, and instructional methods include interactive video-based instruction, computer conferencing, interactive audio, interactive computer software, and internet-based instruction.
"Synchronous learning" means distance learning that happens in real time where there is the opportunity for direct interaction between the instructor and students and where there is audio and visual connection between the instructor and students.
4.3 Asynchronous Learning
4.3.1 In addition to all other Commission requirements set forth in these Guidelines and the Commission's Rules and Regulations, asynchronous courses must satisfy the following requirements:
4.3.1.1 All asynchronous courses must be certified by the Association of Real Estate License Law Officials (ARELLO) or the International Distance Education Certification Center (IDECC), or its successor, before being submitted to the Commission for approval and must retain certification in order to retain Commission approval. This includes pre-licensing and continuing education courses.
4.3.1.2 The asynchronous course must require that the student demonstrate mastery of the learning objectives as designated for each lesson in order to successfully complete the lesson. The course must provide a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process.
4.3.1.3 Asynchronous continuing education courses must be, at minimum, at the intermediate level
4.3.1.4 The course software must include automatic shutdown after a ten minute period of inactivity.
4.3.1.5 The course provider must demonstrate that approved instructors are available to answer student questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, e-mail, and fax. Communication by written postal correspondence alone is insufficient to satisfy the requirements of this Guideline.
4.3.1.6 The course provider must provide reasonable security to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the provider and the student must certify in writing that the student has successfully completed the course.
4.3.1.7 The course provider must require that the student pass an appropriate exam to successfully complete and receive credit. An examination will be considered appropriate if it contains at least five multiple-choice questions for each hour of credit and requires a minimum passing score of 80 percent.
4.3.1.8 The course provider must give students instructions on how they can electronically submit a course evaluation.
4.3.1.9 Instructors of asynchronous learning must receive the Distance Education Instructor Certification from IDECC (or its successor), which is a subsidiary of ARELLO, and submit verification of the certification to the Commission.
4.4 Synchronous Learning
4.4.1 Various platforms may be used for delivery of synchronous learning (including but not limited to Zoom, GoTo Meeting and Adobe Connect). In addition to all other Commission requirements set forth in these Guidelines and the Commission's Rules and Regulations, synchronous courses must also satisfy the following requirements:
4.4.1.1 Student Technology Requirements
4.4.1.1.1 Students are required to have a device that has reliable internet access, video camera and working speakers so that they may interact in the class and their engagement can be monitored at all times.
4.4.1.1.2 Students are responsible for the performance of their own technology including audio volume, video clarity, and internet connection.
4.4.1.2 Security
4.4.1.2.1 A password and meeting number will be required for each class and will be included in the class invitation.
4.4.1.2.2 A waiting room will be utilized so that no one can enter the class that is not registered.
4.4.1.2.3 The instructor will admit each student from the waiting room, one-by-one, and verify their identity by driver's license or other acceptable picture identification.
4.4.1.2.4 Once the class has begun, the session must be "locked" and no one else can enter the class.
4.4.1.3 Login/Check-In
4.4.1.3.1 Each class will be open for admittance into a waiting room at least 15 minutes prior to the start time.
4.4.1.3.2 Depending on the class size, the time for admittance may be longer.
4.4.1.3.3 Admittance ends once the class has begun and the session is locked.
4.4.1.4 Monitoring
4.4.1.4.1 There will be a class monitor assigned for every 25 students or portion thereof, and the monitor will assure that each student on camera is in compliance with all Guidelines.
4.4.1.4.2 One of the following methods must be utilized to assure student compliance and engagement:
4.4.1.4.2.1 Screenshots taken at unannounced times to view each participant.
4.4.1.4.2.2 Polls that require responses by each student to assure their engagement which may address subjects just covered or be random questions to gain responses from each student in a short period of time.
4.4.1.4.2.3 The instructor may ask each student to "raise your hand" at any time during the session.
4.4.1.4.2.4 Students must be visible on camera at all times during the class to receive credit.
4.4.1.5 Attendance
4.4.1.5.1 The monitor must verify the attendance of each student on an attendance log, including the cumulative time that each student was online, that will be submitted to the Commission.
4.4.1.6 Testing
4.4.1.6.1 Testing is required and may be administered through the use of a fillable form emailed to or posted for each student to complete at the time of the test and returned to the instructor within the allotted time.
4.4.1.6.2 The instructor and monitor must proctor the test via video and each student must make themselves and their work area visible on video during the test.
4.4.1.6.3 No microphones may be muted during testing.
4.4.1.7 Course Provider Evaluation Form
4.4.1.7.1 The Course Provider Evaluation Form will be sent to each instructor in advance of the class.
4.4.1.7.2 The instructor will sign and scan back the Course Provider Evaluation Form to the course provider for submission to the Commission.
4.4.1.8 Student Evaluation Form
4.4.1.8.1 The Student Evaluation Form must be sent to each student electronically for the student to complete within 24 hours after the end of class.
4.4.1.8.2 Students must return the Student Evaluation form to the course provider within 24 hours of completion of the class in order to receive course credit and a certificate of completion for the class.
4.4.1.9 Certificates of completion must be forwarded electronically or mailed to each student upon successful completion of all course requirements.
4.4.1.10 Phone use and unrelated computer work during class is prohibited.
4.4.1.11 Cameras
4.4.1.11.1 All time off camera or while logged off will be recorded.
4.4.1.11.2 Students may not "step away" from the camera for any reason during the class. If an emergency arises, the "Chat" feature must be utilized to privately notify the instructor or monitor of the situation.
4.4.1.11.3 Cameras must remain stable during the class. Excessive camera movement is distracting and may result in removal from class at the instructor's discretion.
4.4.1.11.4 Students should choose a location that provides privacy and a non-distracting atmosphere both for themselves and those viewing via video and may not share a room with others unless this has been approved in writing in advance by the course provider in conjunction with the instructor.
4.4.1.12 Appropriate attire is required.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-5.0 Requirements for the Salesperson Prelicensing Course
5.1 Purpose: To provide the prospective licensee with the background necessary to:
5.1.1 Understand the basics of real estate sales, law and mathematics.
5.1.2 To provide the prospective licensee with a working knowledge of federal and state laws and regulations affecting the real estate profession.
5.2 Course Objective:
5.2.1 To provide an overview of the real estate profession and to insure the prospective salesperson understands the application of professional ethics as applied to real estate transactions.
5.2.2 To provide the prospective licensee with an understanding of:
5.2.2.1 Real property characteristics, definitions, ownership, restrictions and transfer
5.2.2.2 Assessing and explaining property valuation and the appraisal process
5.2.2.3 Contracts, agency relationships with buyers and sellers, and federal requirements
5.2.2.4 Financing, the transaction and settlement
5.2.2.5 Leases, rents, and property management
5.2.2.6 The duties and powers of the Commission
5.2.2.7 Licensing requirements
5.2.2.8 Statutory requirements governing the activities of licensees
5.2.2.9 Other aspects of Delaware law which impact the real estate issues
5.3 To prepare the prospective licensee for passing the real estate sales licensing examination for the State of Delaware.
5.4 Major Course Topics and Hours:
5.4.1 Real Estate Orientation (3 hours)
5.4.2 Real Estate Sales (36 hours)
5.4.3 Real Estate Law (33 hours)
5.4.4 Real Estate Mathematics (24 hours)
5.4.5 Review for Sales, Law, Mathematics (3 hours)
5.4.6 Total minimum: 99 hours
5.5 The hours as outlined are the minimum hours to be offered; a school or distance education program presenting the Delaware Real Estate Pre-Licensing Course may offer a course with more hours.
5.6 The total 99 required salesperson pre-licensing hours may be taken through distance education.
5.7 The presentation which follows includes topics to be covered and the number of hours to be devoted to each. The manner in which the school or distance education program sequences the topics does not have to follow the sequence listed. Individual schools or distance education programs should develop a topical understanding of the material and for the instructors’ presentation.
5.8 Where the course is given in a school, the time to be devoted to each topic is listed as “hours”. An hour is defined as fifty (50) minutes of direct contact and ten (10) minutes of break. The three 10 minute break periods, or a total of thirty (30) minutes, can be taken in any means felt appropriate by the instructor.
5.9 Orientation - One three (3) hour session consisting of:
5.9.1 Real estate Sales Pre-Licensing Course requirements.
5.9.2 Delaware Real Estate Sales Licensing requirements.
5.9.3 General discussion of actual business practices on the part of the licensee to successfully conduct an agent’s business; i.e., compensation, hours, taxes, automobile liability, business liability, cooperation with other brokers and agents, and demands of public on agent’s time, expertise, and services.
5.9.4 School or distance education program shall offer a math pretest for those students who wish to exempt themselves from the math portion of this course. This optional math pretest shall be equivalent to the final test given at the conclusion of the math section in content and length. The content of the pretest shall cover each of the topics covered in the course. The students shall be permitted to use calculators when taking the test and a passing score of 80 percent shall exempt a student from taking the math section of this course.
5.10 Real Estate Sales – 36 Total hours with sessions consisting of:
5.10.1 Brokerage, Agency, Dual Agency, Buyer Brokerage - (3) hours
5.10.2 Listing procedures including practical exercises in taking a listing and preparing the data necessary for a listing - (3) hours
5.10.3 Sales including practical exercises of writing an offer of purchase and sale - (6) hours
5.10.4 Financing limited to practical knowledge including how to qualify buyers, types of financing - (6) hours
5.10.5 Preparing competitive market analysis (CMA) – (2) hours
5.10.6 Construction – (2) hours
5.10.7 Property management limited to practical aspects – (1) hour
5.10.8 Fair housing – (3) hours
5.10.9 Ethics – (3) hours
5.10.10 Environmental concerns, including soil analysis, septic systems wells, wetlands, radon, asbestos, storage tanks – (3) hours
5.10.11 Wood destroying insect infestation – (1) hour
5.10.12 Examination – (3) hours
5.11 Real Estate Law – 33 Total Hours with sessions consisting of:
5.11.1 Real Estate License Laws, Rules and Regulations – (3) hours
5.11.2 Real Estate Interests, Legislative Update – (3) hours
5.11.3 Forms of Ownership – (3) hours
5.11.4 Legal descriptions and surveys, title transfers and title records – (3) hours
5.11.5 Real Estate Contracts including listings and real estate contracts including discussion of widely used form contracts – (3) hours
5.11.6 Financing limited to legal aspects, content of notes, bonds, mortgages, concepts of foreclosure – (3) hours
5.11.7 Leases including Delaware Landlord Tenant Code, Delaware Agricultural Lease Act – (3) hours
5.11.8 Subdivision, property development, zoning – (3) hours
5.11.9 Settlement procedures including examination of settlement sheet – (3) hours
5.11.10 Tax aspects of real estate including tax aspects of home ownership, tax deferral of exchanges, one time exclusion of gain, investment real estate, tax treatment of vacation homes, transfer tax – (3) hours
5.11.11 Examination – (3) hours
5.12 Real Estate Mathematics – 24 Total hours with sessions consisting of:
5.12.1 Basic mathematics review as deemed necessary by the instructor – (3) hours
5.12.2 The relationship between list price, sales price, commission rate, amount of commission – (3) hours
5.12.3 Computation of PITI monthly mortgage payment and qualifying a buyer for that payment; computation of simple interest and the amortization of a mortgage loan; computation of discount points; computation of PMI – (6) hours
5.12.4 The relationship between assessed value, tax rate and the amount of taxes; computation of transfer tax; proration of mortgage interest and property tax, etc. – (3) hours
5.12.5 Real estate geometry (area, volume) and the computation of heated square footage; calculation of depreciation, appreciation, and appraisal mathematics (market comparison vs. cost approach vs. income approach) – (3) hours
5.12.6 Computation of cash needed by buyer at closing and monies received by seller at closing – (3) hours
5.12.7 Examination – (3) hours
5.13 Coordinator: The institution or distance education program sponsoring the course shall appoint a course coordinator who shall have the following responsibilities:
5.13.1 Selection of instructors as required by these Guidelines
5.13.2 Where the course is offered by a school, rather than by a distance education provider, selection of facilities as required by the Delaware Department of Education
5.13.3 Coordination of course content
5.13.4 Coordination of orientation, math pretest, final examinations and retest examinations
5.13.5 Coordination of required texts and reference material
5.13.6 Issuance of course certificate of completion
5.13.7 Dissemination of information concerning application to take the licensing examination administered by testing service
5.13.8 Conduct evaluation of course, instructor, facilities and coordination, and to forward evaluation results to the Real Estate Commission within ten (10) days of completion of the education course
5.13.9 Submission of course to Delaware Real Estate Commission for approval prior to offering course. Accountability for the quality of the course given shall remain with the sponsoring organization.
5.14 Instruction
5.14.1 The following three individuals, each of whom shall have at least five years’ experience in their area of expertise, are required for instruction of the course:
5.14.1.1 A Delaware attorney who has been practicing in the area of Delaware real estate law;
5.14.1.2 A practicing Delaware broker or Delaware associate broker; and
5.14.1.3 An individual knowledgeable in performing real estate business mathematics.
5.14.2 When a specialized topic is presented, it is encouraged that a specialist be used for that particular session, e.g., an environmentalist to cover environmental concerns including soil analysis, septic systems, etc.
5.14.2.1 No more than 10 hours of the 99 hour course may be taught by a specialist; and
5.14.2.2 At least one approved instructor must be present when the specialist is providing instruction.
5.14.3 Except for a mathematics instructor, prior to making application, an applicant for approval to teach pre-licensing must have obtained at least 60 positive instructor evaluations within the 5 years immediately preceding application.
5.14.4 Because there is some overlapping of material among the three major topics, it is desirable, where appropriate, that the course coordinator schedule a meeting of the instructors prior to orientation to: (1) coordinate the presentation of material, and (2) decide who will give major emphasis to specific topics.
5.14.5 Multiple approved instructors may co-teach a course provided there is a designated primary instructor.
5.15 Location: Where the provider is a school, rather than distance learning, the location of any pre-licensing course must be a DOE approved facility.
5.16 Successful Completion - Successful completion is defined as: (1) having attended, and (2) having successfully completed the real estate legal, sales and mathematics examinations. Precise definitions for attendance and examination completion are presented below.
5.17 Following successful completion, students shall receive verification of this status. Verification shall be in certificate form as described in subsection 9.6.4.
5.18 Attendance: Where the course is given in a school, it is strongly recommended that students do not miss any sessions. However, students may miss four sessions, but not more than two in any one subject area (legal, sales or mathematics) and still successfully complete the course. Being absent from a session will not relieve a student of the responsibility for the material covered.
5.19 Examinations: All examinations shall be developed by the respective educational institution and/or instructor. Scores for successful examination completion shall be mathematics, 70 percent correct; sales 70 percent correct; and legal, 70 percent correct.
5.20 A school or distance education program shall allow a student to take or sit for a minimum of one retake examination in each area, legal, sales, mathematics, prior to documenting course failure. It is required that a new examination be developed for students who request retake examinations.
5.21 Evaluation: At the conclusion of the course, the course coordinator shall conduct a student evaluation of the course, facilities, instructors and the coordination of the course on the form approved by the Commission. They shall submit those evaluations to the Delaware Real Estate Commission’s Education Committee within fifteen (15) days of completion of the course with the evaluation summary report form mandated by subsection 9.7. Prelicensing providers will also conduct a regular post prelicensing survey on the form following as the final page of this course guideline. Completed forms received by the provider must be retained for a two year period. The provider must furnish the forms upon request from the Commission.
5.22 Text and Material:
5.22.1 Text covering principles and practices of real estate as selected by course provider
5.22.2 Chapter 29, Title 24, Real Estate License Act, Delaware Code
5.22.3 Rules and Regulations of the Delaware Real Estate Commission
5.22.4 Chapter 46, Title 6, Fair Housing Act, Delaware Code.
5.22.5 Chapters 1, 3, and 7, Title 25, Ownership, Delaware Code
5.22.6 Chapter 21, Title 25, Mortgages on Real Estate, Delaware Code
5.22.7 Chapter 22, Title 25, Unit Properties, Delaware Code and Chapter 81 Title 25 DUCIOA
5.22.8 Chapter 27, Title 25, Mechanics Liens, Delaware Code
5.22.9 Chapter 27, Subchapter II, Title 6, Statute of Frauds Delaware Code
5.22.10 Chapters 29, 31, Title 25, Liens, Delaware Code
5.22.11 Chapters 51-65, Title 25, Landlord Tenant Code, Delaware Code
5.22.12 Chapter 67, Title 25, Agricultural Lease Act, Delaware Code
5.22.13 Chapter 54, Title 30, Transfer Tax, Delaware Code
5.22.14 Chapter 25, Subchapter VII, Title 6, Buyer Property Protection Act and Radon Disclosure, Delaware Code
5.22.15 Delaware Real Estate Candidate Handbook - Testing Service
5.23 Instructors may and are encouraged to use additional references and hand out materials as needed. Instructors are encouraged to use sample contracts, sample leases, and sample settlement sheets. All real estate information should be generic in nature with no implications of any Real Estate firm.
5.24 The License Law and the Rules and Regulations of the Commission are readily available on the Commission's web site at www.dpr.delaware.gov. The current Delaware Code is available on line at www.delcode.delaware.gov. The Real Estate Candidate Handbook is available from the testing service.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-6.0 Requirements for the Associate Broker and Broker Licensing Course
6.1 Purpose:
6.1.1 To protect the public by increasing the knowledge and professionalism of brokers.
6.1.2 To provide the Delaware real estate sales agent with the knowledge needed to operate as a Delaware real estate broker.
6.1.3 To prepare the experienced Delaware real estate sales agent to open an independent real estate brokerage firm and employ sales agents in his or her name.
6.1.4 To present a review of basic real estate math.
6.1.5 To prepare the Delaware real estate sales agent to successfully complete the Delaware real estate broker’s licensing examination.
6.2 Objectives:
6.2.1 To present the real estate profession’s ethics and discuss the integration of these ethics in the professional’s everyday business practices.
6.2.2 To provide the prospective licensee with an understanding of:
6.2.2.1 Real property characteristics, definitions, ownership, restrictions and transfer
6.2.2.2 Assessing and explaining property valuation and the appraisal process
6.2.2.3 Contracts, agency relationships with buyers and sellers, and federal requirements
6.2.2.4 Financing, the transaction and settlement
6.2.2.5 Leases, rents, and property management
6.2.2.6 The duties and powers of the Commission
6.2.2.7 Licensing requirements
6.2.2.8 Statutory requirements governing the activities of licensees
6.2.2.9 Other aspects of Delaware law which impact the real estate issues
6.2.2.10 Broker issues including examination of records, eligibility for licensing, and place of business
6.3 Course Outline – a Total of 99 Classroom or on-line program plus Final Examination:
6.3.1 Brokerage (Sales Management and Business Management) (30 Hours):
6.3.1.1 Agency Relationship
6.3.1.2 Operating Philosophy - Listing Control
6.3.1.3 Statutory Requirements Under Delaware Law
6.3.1.4 Settlement Procedures
6.3.1.5 Organizing and Opening an Office
6.3.1.6 Sales Management, Recruiting, and Training
6.3.1.7 Advertising and Promotion
6.3.1.8 MLS Co-Brokerage
6.3.1.9 Multi-Offer, Presenting the Offer, Negotiating
6.3.1.10 Broker Responsibilities Under Licensing Law and Rules and Regulations of the Commission: 1) Escrow Deposits; 2) Licensing Including Display of License and Renewal Responsibility; and 3) Responsibility for Associates
6.3.1.11 Organizing and Opening an Office
6.3.1.12 Risk Reduction - E & O
6.3.1.13 Settlement Procedures
6.3.1.14 Budgeting
6.3.1.15 Future Growth
6.3.1.16 Independent Contractor/Employee
6.3.3 Real Estate Documents (6 Hours):
6.3.3.1 Listing Contracts
6.3.3.2 Sales Contracts & Language of Addenda (Warranty, PMM, 2nd Mortgage, etc.)
6.3.3.3 Escrow Agreements (Letters of Credit)
6.3.3.4 Occupancy Agreements
6.3.3.5 Release of Contracts
6.3.3.6 Buyers - Brokers Agreement
6.3.3.7 Settlement Documents: Deed; Settlement Sheet; Mortgage Inspection Reports; Title Insurance; Site Evaluation; and Note/Bond & Warrant
6.3.3.8 Reporting Procedures & Responsibilities Under the Tax Law (i.e. Title Affidavits & Affidavit of Residence & Gain)
6.3.4 Valuing Real Property (6 Hours):
6.3.4.1 Distinctions and Definitions: 1) Appraisal (Certified); 2) Opinion of Value 3) C.M.A.
6.3.4.2 Three Approaches of Real Property Valuation
6.3.5 Financing (9 Hours):
6.3.5.1 Overview of Government Loans
6.3.5.2 Federal Housing Administration
6.3.5.3 Farmers Home Administration
6.3.5.4 Veterans Administration
6.3.5.5 Government agencies & acts pertaining to real estate finance -- include Regulation A/Truth -in-Lending
6.3.5.6 Anatomy of a mortgage to include special clauses
6.3.5.7 Finance Instruments
6.3.5.8 Conditions & procedures involved in default & foreclosure
6.3.5.9 Non-federal insured mortgages, IRB’s
6.3.5.10 Purchase money mortgage
6.3.5.11 Conventional mortgage - Fixed ARM
6.3.5.12 Secondary mortgage market
6.3.5.13 Assistance in arranging financing
6.3.5.14 Other ways to finance - Bridge, Construction, etc.
6.3.5.15 Sources of junior or secondary loans
6.3.6 Landlord Tenant Code/Property Management/Condominiums (9 Hours):
6.3.6.1 Landlord-Tenant Code: 1) Rights and remedies of landlord and tenant; and 1) The process of landlord/tenant litigation
6.3.6.2 Property Management: 1) Types of tenancies and leases; negotiating leases: and 2) Aspects of property management
6.3.6.3 Condominiums: 1) Condominiums/cooperatives; conversion requirements; types of ownerships; and 2) State statutes dealing with condominiums
6.3.7 Legal and Governmental Aspects of Real Estate (15 Hours):
6.3.7.1 The Delaware Real Estate License Law and the Rules and Regulations
6.3.7.2 The Federal & State Fair Housing Acts (include record-keeping responsibilities VAMA)
6.3.7.3 The Law of Agency
6.3.7.4 Interest in Real Property & Types of Property Ownership
6.3.7.5 Statute of Frauds
6.3.7.6 Mechanic’s and Materialman’s Liens
6.3.7.7 Federal and State Environmental Regulatory Policies (site evaluation, septic process, well, bulkhead & piers)
6.3.7.8 Planning, subdivisions, zoning, deed restrictions, covenants, right of ways and access
6.3.7.9 Legal implications of public powers over real property (eminent domain, escheat, police power, taxation, etc.)
6.3.7.10 Surveys (types and uses)
6.3.7.11 Assessment, Property Taxes & Taxes, Transfers
6.3.7.12 Tax aspects of buying and selling real estate (Highlights of current law)
6.3.8 Real Estate Investment (12 Hours):
6.3.8.1 Characteristics of Investment Real Estate
6.3.8.2 Investment analysis
6.3.8.3 Syndication
6.3.9 Ethics (6 Hours):
6.3.9.1 Ethics Issues Addressed in the Real Estate License Act and the Rules and Regulations
6.3.9.2 Discussion of Ethics as Promulgated by Professional Trade Organizations
6.3.10 Math (3 Hours): Review of Basic Real Estate Math
6.4 Successful Completion: Successful completion is defined as (1) has attended or on line program taken, and (2) has successfully completed an end-of-course examination. Definitions for attendance and examination completion are set forth in subsections 6.5 and 6.6. Following successful completion, students shall receive from the institution verification of this status. Verification shall be in certificate form as set forth in subsection 9.6.4.
6.5 Attendance: Where the course is given in a school, it is strongly recommended that students do not miss any sessions. However, students may miss four sessions, (a session is equivalent to three classroom hours) and still successfully complete the course. Being absent from a session will not relieve a student of the responsibility for the material covered.
6.6 Examinations: An end-of-course examination shall be developed and administered by the respective educational institution and/or instructor(s). The score for successful examination completion will be 75 percent correct.
6.6.1 An institution will allow a student take one retake examination to sit for one retake examination prior to documenting course failure. A new examination shall be developed for students who request the retake.
6.6.2 Institutions may elect, and it is encouraged that practice examinations be administered during the conduct of the course.
6.7 Facilities: It is strongly recommended that course material be presented in a classroom setting conducive to learning, except where the course is being provided in a distance education format.
6.8 The total 99 required broker prelicensing hours may be taken through distance education.
6.9 Instruction:
6.9.1 The following three individuals, each of whom shall have at least five years’ experience in their area of expertise, are required for instruction of the course:
6.9.1.1 A Delaware attorney who has been practicing in the area of Delaware real estate law or real estate transactions;
6.9.1.2 A practicing Delaware broker or Delaware associate broker; and
6.9.1.3 An individual knowledgeable in performing real estate business mathematics.
6.9.2 When a specialized topic is presented, it is encouraged that a specialist be used for that particular session, e.g., an environmentalist to cover environmental concerns including soil analysis, septic systems, etc.
6.9.2.1 No more than 10 hours of the 99 hour course may be taught by a specialist; and
6.9.2.2 At least one approved instructor must be present when the specialist is providing instruction.
6.9.3 Except for a mathematics instructor, prior to making application, an applicant for approval to teach pre-licensing must have obtained at least 60 positive instructor evaluations within the 5 years immediately preceding application.
6.9.4 Because there is some overlapping of material among the three major topics, it is desirable, where appropriate, that the course coordinator schedule a meeting of the instructors prior to orientation to: (1) coordinate the presentation of material, and (2) decide who will give major emphasis to specific topics.
6.9.5 Multiple approved instructors may co-teach a course provided there is a designated primary instructor.
6.10 Texts and Materials:
6.10.1 Text(s) covering broker aspects of real estate practice as selected by the course provider.
6.10.2 Chapter 29, Title 24, Real Estate License Act
6.10.3 Rules and Regulations of the Delaware Real Estate Commission
6.10.4 Delaware Real Estate Candidate Handbook
6.10.5 Instructors may and are encouraged to use additional references and hand out materials as they feel these materials are needed.
6.11 The License Law and the Rules and Regulations of the Commission are readily available on the Commission's web site at www.dpr.delaware.gov. The current Delaware Code is available on line at www.delcode.delaware.gov.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-7.0 Continuing Education Course Criteria
7.1 General Requirements - An educational course to be approved as satisfying Delaware's real estate continuing education requirements must be an organized real estate related course, offered under responsible sponsorship, facilitated by an instructor approved by the Commission. The Education Committee and the Real Estate Commission shall liberally construe the Module topic areas to include a broad range of subject matter relevant to real estate practices.
7.2 Areas of Concentration for Acceptable Courses:
7.2.1 Courses of instruction and seminars, to be considered eligible for continuing education credit approval must be in one of each of the following Modules:
7.2.1.1 Module 1- Agency and Fair Housing
7.2.1.2 Module 2 - Professional Standards
7.2.1.3 Module 3 -Real Estate Documents
7.2.1.4 Module 4 - Office Management
7.2.1.5 Module 5 - Legislative Issues
7.2.1.6 Module 6 - Practices of Real Estate
7.2.1.7 Module 7 - Elective Courses
7.3 In any biennial license period, up to three (3) credits applicable towards Module 5 may be obtained by Delaware Association of Realtors (DAR) members who serve on the State Public Policy/Committee provided that: 1) the member attends no less than eighty percent (80%) of the annual State Government Affairs Committee meetings; and 2) the DAR Executive Vice President or DAR President certifies attendance in the form and manner prescribed by the Commission.
7.4 Programs shall be a minimum of three (3) hours and delivered in three (3) hour increments.
7.5 Completion of broker’s licensing course.
7.5.1 Delaware broker’s licensing course: Upon successful completion of an approved Delaware broker’s licensing course, a licensee shall receive 21 hours of continuing education credit. These 21 hours shall satisfy the continuing education requirements (Modules 1 – 7) for the biennial licensing period in which the course was completed. The course provider shall provide the licensee with a certificate stating that Modules 1 – 7 have been satisfied upon successful completion of the broker’s licensing course.
7.5.2 Out-of-state broker’s licensing course: Upon successful completion of a broker’s licensing course in a state outside of Delaware, consisting of at least 99 hours of education, a licensee shall receive 18 hours of continuing education credit, satisfying Modules 1 – 4 and 6 – 7, for the biennial licensing period in which the course was completed.
7.6 Licensees successfully completing a minimum of 6 hours of a National Accreditation Program during a licensure renewal period and receiving a nationally recognized designation or providing proof of successfully completing a section towards a nationally recognized designation may submit pursuant to subsection 8.2 for six (6) credit hours to satisfy Modules 6 and 7. The instructor shall be considered an approved instructor.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-8.0 Course Approval Process
8.1 An application for course approval (on forms approved by the Commission), course outline, all applicable fees and any other documentation that may be required, must be filed by the course sponsor or provider, with the Division of Professional Regulation, Delaware Real Estate Commission, Education Committee, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904-2467, at least sixty (60) days prior to the date that the course is to be held. Failure to file within the appropriate time limit may be cause for rejection. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed may not be considered to have been filed.
8.2 An application for an individual student request for approval of an educational course (on forms approved by the Commission), including the course outline, instructor resume of a qualified instructor, and any other documentation that may be required, may be filed by the individual student with the Delaware Real Estate Education Committee within twelve (12) months. An instructor resume is not required where the course will be taught by a Commission or ARELLO approved instructor. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the completed application. An application that is incomplete when filed may not be considered to have been filed. The subject educational course must comply with Section 7.0 herein and any other applicable Guidelines.
8.3 Courses approved for Modules 1 – 6 automatically qualify for credit for Module 7. Students are not required to submit a separate application for Module 7 approval for courses in Modules 1 – 6. This Rule does not apply to out-of-state courses.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-9.0 Provider Responsibilities
9.1 The organization receiving approval of a course or program must maintain a record of the course for not less than three years from the date of the course offering. The record shall include the documents as listed in "Maintenance and Availability of Records".
9.1.1 Maintenance and Availability of Records - An individual record of participation must be maintained by the sponsoring organization for a period of not less than three (3) years from the date of the course and upon request made readily available as an official statement to each student of his or her participation. Information which must be included as part of this record is:
9.1.1.1 Name and address of the organization offering the course
9.1.1.2 Name of course topic
9.1.1.3 Title of the course
9.1.1.4 Name and instructor approval of each instructor
9.1.1.5 Completion date of the course offering
9.1.1.6 Number of approved credit hours
9.1.1.7 A detailed outline of the course
9.1.1.8 A copy of the course approval letter received from the Commission
9.1.1.9 A copy of the individual instructor(s) approval(s) letter(s) issued by the Commission.
9.1.1.10 A copy of the individual student evaluations on forms provided by the Commission.
9.1.1.11 A copy of the course sign in sheet, with the licensees printed name, signatures of the students, license numbers, and their completion status, e.i., satisfactory or unsatisfactory.
9.2 Organization and Facilities – The sponsoring organization must have a designated individual responsible for the administration and coordination of the education program. That designee shall be responsible to report to the Commission and/or the Committee for the proper conduct of each such program. Facilities - The sponsoring organization must provide or arrange for appropriate educational facilities, and when necessary, library and reference materials and all instructional aids and equipment consistent with the content, format, and objective of each learning experience.
9.3 Sponsors or providers of all education courses shall be wholly and completely responsible for the qualifications, including Commission approval status, and conduct of course instructors.
9.4 Advertising: Course sponsors or providers shall either advertise a course only after the course and all instructors have been approved by the Commission or specify clearly in the advertisement that approval is pending.
9.5 A course may be approved for a period of two (2) calendar years, provided the course is conducted by the sponsor or provider making application, the curriculum and course length remains exactly as approved, and approved instructors are utilized. The Education Committee may recommend a shorter or probationary approval where good cause for limited approval can be demonstrated. Courses cannot be automatically renewed. Sponsors or providers will need to reapply by the course expiration date before conducting further courses. The Education Committee may recommend to the Commission that a provider's privilege of conducting an approved course be revoked for the remainder of the approval period, if the Education Committee determines that the provider is not maintaining the standards.
9.6 Sponsors or providers of all education courses shall be wholly and completely responsible for the conduct of their attendees, including faithful and complete student attendance as well as facilities management. Faithful and complete attendance is attentive presence for at least fifty (50) minutes of each credit hour. The course sponsor or provider shall determine whether students may use electronic devices during the course. Students shall be advised whether electronic devices are permitted before the course begins. A student who arrives after the instruction has begun or leaves before instruction is complete shall not be given continuing education credit.
9.6.1 Sponsors and providers shall arrange for an on-site monitor in addition to the approved instructor for each course. At no time will self-monitoring be permitted for Continuing Education Course.
9.6.2 Monitors are appointed to assist the course sponsors or providers and instructors. As a minimum, monitors will ensure students provide their own signatures on the course roster and advise the provider of those students who do not comply with faithful and complete attendance.
9.6.3 Monitors may be students for educational credit for that course.
9.6.4 The course sponsor or provider will supply to the student at the completion of the course or program, a Commission approved certificate of completion. This certificate must contain, but is not limited to, the following information:
9.7 The organization offering the course, shall, within fifteen (15) days after the completion of the course, provide a list of participants, their real estate license numbers (if applicable) and a copy of each student's course and instructor evaluation form and an evaluation summary report form to the Commission's Office. The evaluation summary report form shall be signed by any instructors who participated in the delivery of the course thus indicating each has had the opportunity to review the evaluation result. Failure of the organization to provide this information may be grounds to suspend the approval of that course or educational course, in the absence of a showing of good cause for that failure.
9.8 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Education for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.
9.9 By the second class meeting, Prelicensing schools are to solicit the names of students interested in being contacted by recruiters. Any students joining after the first class must be informed of the opportunity to be a part of the recruiting roster at the first class attended. Schools must supply the recruiting roster, on a Commission approved form, within seven (7) days of receiving a request from a broker.
9.10 At no time during periods of instruction, including breaks and the time immediately preceding or following instruction, shall any person involved in any approved real estate educational course, use, or attempt to use, the position of instructor, sponsor or provider etc., to solicit employees or licensees. Prior to commencement of instruction, students shall be notified of this prohibition and each student shall review and sign a recruiting acknowledgment log on a Commission approved form, which shall be retained by the provider for at least two years.
9.11 Where the provider is a prelicensing school, the administrator thereof is responsible to apply to the Delaware Department of Education for certification and to maintain such certification. Proof of current certification must be attached to the application for course approval submitted to the Education Committee.
9.12 Prior to admitting a student, and accepting payment of tuition, a prelicensing school, for salespeople or brokers, shall provide the prospective student with written notice that a criminal history may impact or be a bar to licensure. The written notice shall include a copy of the appropriate Commission Regulation listing the crimes substantially related to the practice of real estate services. The school shall obtain signed acknowledgment from the prospective student that the notice and list have been received and said acknowledgment shall be retained by the school for at least two years. This Section applies to both traditional courses and distance prelicensing courses. The written, signed acknowledgment shall include at minimum the following: “I understand that a criminal history may impact or be a bar to licensure in the real estate profession. I have received a copy of the Commission Regulation listing the crimes substantially related to the practice of real estate services.”
9.13 Prelicensing schools will also furnish each student with current information regarding the prelicensing examination to include the "Real Estate Candidate Handbook" which is available to prelicensing schools through the testing service for this purpose.
9.14 Members of the Real Estate Commission, Education Committee or Division of Professional regulation staff shall have the right to audit any approved course without notice.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-10.0 Instructor Qualifications
10.1 The instructor qualifications set forth in this Section apply to all instructors teaching salesperson pre-licensing, broker and continuing education courses. In addition:
10.1.1 Instructors teaching salesperson pre-licensing must also comply with the requirements of subsection 5.14.
10.1.2 Instructors teaching the broker course must also comply with the requirements of subsection 6.9.
10.2 Qualified instructors must be directly involved in presenting any course. Qualifications are determined by:
10.2.1 Competence in the subject matter. Factors demonstrating competence include, but are not limited to, command of the subject matter as recognized by the individual's peers, formal education or training, and/or publication in professional journals or appropriate media; and
10.2.2 Ability to demonstrate knowledge and skill in instructional methodology and ability to effectively communicate the educational material to the participants. Factors demonstrating these abilities include, but are not limited to, student evaluations and/or test results from previous instructional assignments and/or teaching experience;
10.3 The person applying for instructor approval must have a minimum of five years full time experience in their real estate related area of expertise, plus one of the following:
10.3.1 A Bachelor's degree, except that a person teaching real estate law, either for pre-licensing, the broker course or continuing education, must be an active member of the Delaware Bar for at least five years; or
10.3.2 A Broker's or Associate Broker’s License; or
10.3.3 Possession of a valid teaching credential or certificate issued in the State of Delaware (or any State with qualifications that are equal to, or that exceed the qualification standards of the State of Delaware), and/or five (5) years of teaching experience in an accredited public, private, or parochial school; and/or five (5) years teaching experience in an accredited junior college, college or university.
10.4 The Commission may waive or make an exception of the above requirements contingent upon review of proof of collateral experience in related fields of real estate. The Commission reserves the right to exercise its discretion in denying any applicant who has had a disciplinary action taken against him/her either by the Commission or by another real estate licensing authority.
10.5 In addition to the qualifications listed above, the Commission shall take into consideration evaluations from previous programs that the applicant has instructed. The Commission will also take into consideration recommendations or absence thereof of course providers, course coordinators, administrators and institutions that have employed the applicant.
10.6 A person who applies for instructor approval for the first time may be approved to teach only one continuing education module. After obtaining at least 60 positive course evaluations, the instructor may apply to teach additional modules. A positive course evaluation means that the instructor rates 70% or higher in the Instructor Evaluation.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-11.0 Instructor Approval Process
11.1 Applicants for instructor shall submit an application (on forms approved and provided by the Commission), resume and any applicable fees to the Division of Professional Regulation, Delaware Real Estate Commission, Education Committee, 861 Silver Lake Boulevard, Suite 203, Dover, DE 19904-2467, at least sixty (60) days prior to the employment starting date. Failure to file within the appropriate time limit may be cause for rejection. Recommendations of the Education Committee shall be made to the Commission within thirty (30) days after the Education Committee receives and reviews the application. An application that is incomplete when filed may not be considered to have been filed.
11.2 An instructor may be approved in more than one subject or topic area for a period of two (2) calendar years. An instructor may only teach courses as approved by the Commission. Instructors will need to reapply by the approval expiration date and before teaching any further courses. Applications are available from the Division of Professional Regulation via the website, www.dpr.delaware.gov.
11.3 An Instructor may receive continuing education credit for teaching a course. This is a one-time credit per Module taught per licensure period.
11.4 The Education Committee shall have the right to recommend to the Commission that an approved instructor lose their approval for the remainder of the approval period should the Education Committee determine that the instructor is not maintaining the standards and/or policies required in these Guidelines. If the Commission accepts the Education Committee’s recommendation, the instructor may submit a written request for reconsideration to the Commission. Such request for reconsideration shall be submitted to the Commission no later than 30 days after the date of the Commission’s notification letter to the instructor. The Commission’s decision on a request for reconsideration is final and not subject to further review.
11.5 At no time during periods of instruction shall any person involved in any approved real estate educational course, use, or attempt to use, the position of instructor, sponsor or provider etc., to solicit employees or licensees.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
24 Del. Admin. Code § 2925-12.0 Negative Course Evaluation
12.1 The following policy is intended to establish procedures for the Education Committee to respond to negative Evaluations received from Course Providers so the Commission may:
12.1.1 Respond in a consistent manner, to each individual Instructor.
12.1.2 Set forth policies and procedures for disciplinary action by the Commission.
12.2 A Negative Instructor Evaluation shall be an Evaluation when the instructor rates below a 70% in the “Instructor” and “Course” sections of the class evaluation.
12.3 When a Negative Instructor Evaluation is received by the Education Committee, the following shall occur:
12.3.1 After an initial review by Administrative Staff, it will be placed on the next scheduled Education Committee meeting agenda.
12.3.2 A notice shall be sent to the Instructor to notifying them of the Negative Evaluation and the date of the Education Committee meeting in the event the Instructor would choose submit correspondence to the Committee to be considered at the meeting and/or attend the meeting. Instructor attendance is not mandatory.
12.3.3 At the next scheduled Education Committee meeting, the evaluations and any correspondence from the Instructor will be reviewed by the Members of the Education Committee.
12.4 Disciplinary actions for the first negative evaluation within a twelve (12) month period:
12.4.1 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee.
12.4.2 The instructor may be requested to attend the next Education Committee meeting.
12.4.3 The Committee may choose to designate a Committee Member to attend and observe the next scheduled class of the Instructor.
12.4.4 The Real Estate Commission may elect to waive the Negative Evaluation upon review of the circumstances and the related facts.
12.5 Disciplinary actions for the second negative evaluation within the same (12) month period of the first negative evaluation:
12.5.1 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee.
12.5.2 The instructor shall be directed to attend the next Education Committee meeting.
12.5.3 The Committee shall designate a Committee Member to attend and observe the next scheduled class of the Instructor and provide a report to the Committee regarding the observations made at the class.
12.5.4 The Real Estate Commission may elect to waive the Negative Evaluation upon review of the circumstances and the related facts.
12.6 Disciplinary actions for the third negative evaluation within the same (12) month period of the first negative evaluation:
12.6.1 The Committee may recommend to the Real Estate Commission to revoke the instructor’s approved teaching status for a period up to 12 months
12.6.2 A letter will be drafted to the instructor to advise them of the negative student reviews and the findings of the Committee.
12.6.3 The recommendation shall be presented to the Real Estate Commission at the next scheduled meeting.
12.6.4 The Real Estate Commission may elect to accept the recommendation of the Committee, change the revocation period or waive the Negative Evaluation upon review of the circumstances and the related facts.
12.6.5 Upon revocation a notice of such revocation shall be sent to all approved Course Providers.
12.6.6 An Instructor may re-apply for teaching approval immediately following the expiration of the revocation period.
History
- 23 DE Reg. 777 (03/01/20)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 24 DE Reg. 715 (01/01/21)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 25 DE Reg. 789 (02/01/22)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 5 DE Reg. 1071 (11/01/01)
- 5 DE Reg. 1395 (01/01/02)
- 5 DE Reg. 1859 (04/01/02)
- 6 DE Reg. 8 (07/01/02)
- 6 DE Reg. 516 (10/01/02)
- 12 DE Reg. 74 (07/01/08)
- 16 DE Reg. 104 (07/01/12)
- 17 DE Reg. 443 (10/01/13)
- 17 DE Reg. 1195 (06/01/14)
- 19 DE Reg. 1028 (05/01/16)
- 23 DE Reg. 777 (03/01/20)
- 24 DE Reg. 715 (01/01/21)
- 25 DE Reg. 789 (02/01/22)
2930 Council on Real Estate Appraisers
24 Del. Admin. Code § 2930-1.0 Application for Appraiser License or Certificate
1.1 Application. A person who wishes to file an application for a real property appraiser license or certificate must use the Council approved online system.
1.2 Filing and Fees
1.2.1 Properly completed online applications together with the appropriate fee(s) must be received through the Council approved online system prior to scheduling the examination.
1.2.2 A processing fee set by the Division of Professional Regulation will be charged for the following:
1.2.2.1 Initial application and licensure for appraiser trainee license
1.2.2.2 Initial application and licensure for licensed real property appraiser license
1.2.2.3 Initial application and certification for certified residential real property appraiser certificate
1.2.2.4 Initial application and certification for certified general real property appraiser certificate
1.2.2.5 Renewal
1.2.2.6 Duplicate license and certificate
1.2.2.7 Roster
1.2.2.8 Federal Appraiser Registry
1.2.2.9 Letter of Good Standing
1.2.3 Fees shall be paid through the Council approved online system.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-2.0 Appraiser Licensing and Certification
2.1 Qualifications for Appraiser Licensure and Certification
2.1.1 The qualifications for licensure or certification shall conform to the criteria established by the Appraisal Qualifications Board (AQB) of the Appraisal Foundation for:
2.1.1.1 Certified general real property appraiser;
2.1.1.2 Certified residential real property appraiser;
2.1.1.3 Licensed real property appraiser; and
2.1.1.4 Trainee real property appraiser.
2.1.2 The Real Property Appraiser Qualification Criteria set by the AQB is available online from The Appraisal Foundation website at https://www.appraisalfoundation.org.
2.1.3 Trainee Real Property Appraiser
2.1.3.1 Examination: There is no examination requirement for the Trainee Appraiser classification, but the Trainee Appraiser shall pass the appropriate end-of-course examinations in all of the prerequisite qualifying education courses in order to earn credit for those courses.
2.1.3.2 Qualifying Education
2.1.3.2.1 Application Prerequisites
2.1.3.2.1.1 For an applicant before January 1, 2026, the applicant must have completed 75 AQB-approved hours of qualifying education as specified in the Required Core Curriculum.
2.1.3.2.1.2 For an application beginning January 1, 2026, an applicant must have completed 83 AQB-approved hours of qualifying education.
2.1.3.2.1.3 All applicants must pass the course examinations and pass the 15-Hour National USPAP Course (or its AQB-approved equivalent) and examination as part of the required hours. All qualifying education must be completed within the 5 year period immediately preceding the date of application for a Trainee Appraiser credential.
2.1.3.2.2 Required Core Curriculum
2.1.3.2.2.1 Basic Appraisal Practices – 30 hours
2.1.3.2.2.2 Basic Appraisal Procedures – 30 hours
2.1.3.2.2.3 15-Hour National USPAP Course or its equivalent – 15 hours
2.1.3.2.2.4 Valuation Bias and Fair Housing Laws and Regulations or its equivalent, beginning January 1, 2026 - 8 hours
2.1.3.3 Responsibilities of Supervisors of State Licensed Trainees
2.1.3.3.1 A state licensed appraiser trainee may assist in the completion of an appraisal report, including an opinion of value, and may co-sign an appraisal, provided that the appraiser trainee is actively and personally supervised by a state certified real property appraiser, provided that the appraisal report is reviewed and signed by the state certified real property appraiser, and provided that the certified appraiser accepts total responsibility for the appraisal report. An appraiser trainee is permitted to have more than 1 supervising appraiser. As of January 1, 2008 and in accord with the AQB qualification criteria in effect as of that date, only certified appraisers in good standing may supervise trainees.
2.1.3.3.2 A state certified real property appraiser may employ a person as a state licensed appraiser trainee to assist in the performance of real estate appraisals, provided that the state certified real property appraiser:
2.1.3.3.2.1 Provides direct supervision of the state licensed appraiser trainee; “Direct Supervision” means to:
2.1.3.3.2.1.1 Personally inspect with the trainee the interior and exterior of each property appraised, until such time as the Supervisory Appraiser determines the Trainee Appraiser is competent to inspect the property in accordance with the COMPETENCY RULE of USPAP for the property type;
2.1.3.3.2.1.2 Personally review and sign each appraisal report prepared by the trainee;
2.1.3.3.2.1.3 Accept full responsibility for the report;
2.1.3.3.2.1.4 Assign work to the trainee only if the trainee is competent to perform such work;
2.1.3.3.2.1.5 Approve and sign the report as being independently and impartially prepared and in compliance with USPAP, these rules and regulations, and applicable statutory requirements; and
2.1.3.3.2.1.6 Co-sign with the trainee a Council-approved appraiser trainee checklist relating to the trainee's work involved in the appraisal report. The trainee shall complete the appraiser trainee checklist and the completed and co-signed checklist shall be made part of the appraisal report submitted to the client.
2.1.3.3.2.2 Reviews all appraisal reports and supporting data used in connection with appraisals in which the services of a state licensed appraiser trainee is utilized;
2.1.3.3.2.3 Complies with all provisions of subsection 4.1.7 regarding appraisal reports;
2.1.3.3.2.4 Reviews and approves a trainee’s experience log maintained pursuant to subsection 2.1.3.4.2.2. The supervisor shall make available to the trainee a copy of any appraisal report that the trainee assisted in preparing that is requested for review by the Council;
2.1.3.3.2.5 Beginning January 1, 2008, a supervising appraiser shall not supervise more than 3 trainees at 1 time.
2.1.3.3.2.6 Signs an affidavit affirming that the Supervisory Appraiser is a state certified real property appraiser and that the Supervisory Appraiser shall comply with all rules and policies regarding supervisory appraisers; and
2.1.3.3.2.7 Immediately advises the Council in writing when the certified appraiser is no longer supervising the trainee. The writing shall include the last known address of the appraiser trainee along with a copy of the letter from the supervisor to the trainee advising the trainee that his/her employment has been terminated or the letter of resignation from the trainee to the supervisor, whichever is applicable.
2.1.3.3.3 Effective July 1, 2009, any certified appraiser who has been sanctioned by the Council within the preceding 3 years shall not be eligible to supervise trainees for 3 years after the date of completion of the sanction. Where the sanction is a letter of reprimand, the date of completion is the date that the letter is signed and mailed. Where the sanction is a fine, the date of completion is the date that the fine is paid. Where the sanction is probation or suspension, the date of completion is the date when the license is reinstated in full with no restrictions or limitations. State certified appraisers who were sanctioned by the Council prior to July 1, 2009 are exempt from this provision.
2.1.3.3.4 Effective January 1, 2014, a State-certified Supervisory Appraiser shall have been state certified for a minimum of 3 years prior to being eligible to become a Supervisory Appraiser. A State-certified Supervisory Appraiser shall be in good standing and not have been subject to any disciplinary action within the last 3 years that affects the Supervisory Appraiser’s legal ability to engage in appraisal practice.
2.1.3.3.5 Effective January 1, 2015, the Supervisory Appraiser shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the AQB prior to supervising a trainee appraiser. The course shall be oriented toward the requirements and responsibilities of supervisory appraisers and expectations for trainees. The course must be completed by the trainee appraiser prior to obtaining a trainee appraiser credential, and completed by the supervisory appraiser prior to supervising a trainee appraiser.
2.1.3.4 Responsibilities of State Licensed Appraiser Trainees
2.1.3.4.1 All appraiser trainees must be licensed as required under 24 Del.C. Ch. 40. All qualifying education must be completed within the 5 year period prior to the date of submission of an application for a trainee appraiser license. A trainee appraiser is permitted to have more than 1 supervisory appraiser.
2.1.3.4.2 A State licensed trainee may assist in the performance of real estate appraisals provided that:
2.1.3.4.2.1 The trainee shall only work under the direct supervision of 1 or more State certified real property appraiser; an individual who is no longer supervised shall not engage in the act of appraising until a new license is issued showing a new supervisor;
2.1.3.4.2.2 The trainee shall maintain an appraisal experience log on a form provided by the Council and certified by the supervising appraiser;
2.1.3.4.2.3 The trainee shall inspect the property and participate in the appraisal process to receive experience credit for the hours spent. For the trainee to receive experience log credit, either the contribution of the trainee shall be identified in the report, with the trainee identified by name, state and license number, or the trainee shall sign the appraisal report in compliance with subsection 4.1.7.
2.1.3.4.2.4 The trainee shall ensure that the log is available at all times for inspection by the Council;
2.1.3.4.2.5 When performing appraisal assignments, the trainee shall carry on his/her person the license issued by the Council; and
2.1.3.4.2.6 The trainee co-signs with the supervising appraiser a Council-approved appraiser trainee checklist relating to the trainee's work involved in the appraisal report. The trainee shall complete the appraiser trainee checklist and the completed and co-signed checklist shall be made part of the appraisal report submitted to the client.
2.1.3.4.3 Effective January 1, 2015, the Appraiser trainee shall be required to complete a course that, at a minimum, complies with the specifications for course content established by the AQB prior to obtaining a trainee appraiser license. This course is in addition to the qualifying education hours needed for trainee licensure. The course shall be oriented toward the requirements and responsibilities of supervisory appraisers and expectations for trainees. The course must be completed by the trainee appraiser prior to obtaining a trainee appraiser credential, and completed by the supervisory appraiser prior to supervising a trainee appraiser.
2.1.4 Licensed Residential Real Property Appraiser
2.1.4.1 General
2.1.4.1.1 The Licensed Residential Real Property Appraiser classification applies to the appraisal of non-complex 1-to-4 residential units having a transaction value less than $1,000,000, and complex 1-to-4 residential units having a transaction value less than $400,000.
2.1.4.1.2 Complex 1-to-4 unit residential property appraisal means one in which the property to be appraised, the form of ownership, or the market conditions are atypical.
2.1.4.1.3 For non-federally related transaction appraisals, transaction value shall mean market value.
2.1.4.1.3.1 The classification includes the appraisal of vacant or unimproved land that is utilized for 1-to-4 residential units, or for which the highest and best use is for 1-to-4 residential units.
2.1.4.1.3.2 The classification does not include the appraisal of subdivisions for which a development analysis/appraisal is necessary.
2.1.4.1.4 All Licensed Residential Real Property Appraisers must comply with the COMPETENCY RULE of USPAP.
2.1.4.2 Examination
2.1.4.2.1 The AQB-approved Licensed Residential Real Property Appraiser examination must be successfully completed. The only alternative to successful completion of the Licensed Residential examination is the successful completion of the Certified Residential or Certified General examination.
2.1.4.2.2 The prerequisites for taking the AQB-approved examination are completion of:
2.1.4.2.2.1 One hundred fifty AQB-approved class hours; and
2.1.4.2.2.2 Completion of the requirements specified in subsection 2.1.4.3 “Qualifying Education”; and
2.1.4.2.2.3 Satisfaction of the requirements of subsection 2.1.4.4 "Experience".
2.1.4.3 Qualifying Education
2.1.4.3.1 Prior to January 1, 2026, the Licensed Residential Real Property Appraiser classification requires completion of 150 AQB-approved class hours.
2.1.4.3.2 Beginning January 1, 2026, the Licensed Residential Real Property Appraiser classification requires completion of 158 AQB-approved class hours.
2.1.4.3.3 As part of the required hours, the applicant shall successfully complete the 15-Hour National USPAP Course, or its AQB-approved equivalent, and the examination. There is no alternative to successful completion of the USPAP Course and examination.
2.1.4.3.4 Appraisers holding a valid Trainee Appraiser credential may satisfy the educational requirements for the Licensed Residential Real Property Appraiser credential by successfully completing the following additional 75 educational hours:
2.1.4.3.4.1 Residential Market Analysis and Highest and Best Use 15 Hours
2.1.4.3.4.2 Residential Appraiser Site Valuation and Cost Approach 15 Hours
2.1.4.3.4.3 Residential Sales Comparison and Income Approaches 30 Hours
2.1.4.3.4.4 Residential Report Writing and Case Studies 15 Hours
2.1.4.4 Experience
2.1.4.4.1 One thousand hours of appraisal experience are required to be obtained in no fewer than 6 months.; or
2.1.4.4.2 Successful completion of a Licensed Residential PAREA program as specified in subsection 2.1.7 "Practical Applications of Real Estate Appraisal (PAREA)".
2.1.5 Certified Residential Real Property Appraiser
2.1.5.1 General
2.1.5.1.1 The Certified Residential Real Property Appraiser classification qualifies the appraiser to appraise 1-to-4 residential units without regard to value or complexity.
2.1.5.1.1.1 The classification includes the appraisal of vacant or unimproved land that is utilized for 1-to-4 residential units purposes or for which the highest and best use is for 1-to-4 residential units.
2.1.5.1.1.2 The classification does not include the appraisal of subdivisions for which a development analysis/appraisal is necessary.
2.1.5.1.2 All Certified Residential appraisers must comply with the COMPETENCY RULE of USPAP.
2.1.5.2 Examination
2.1.5.2.1 The AQB-approved Certified Residential Real Property Appraiser examination must be successfully completed. The only alternative to successful completion of the Certified Residential examination is the successful completion of the Certified General examination.
2.1.5.2.2 The prerequisites for taking the AQB-approved examination are completion of:
2.1.5.2.2.1 Two hundred AQB-approved class hours;
2.1.5.2.2.2 Completion of the requirements specified in subsection 2.1.5.3 “Qualifying Education”; and
2.1.5.2.2.3 Satisfaction of the requirements of subsection 2.1.5.4 "Experience".
2.1.5.3 Qualifying Education
2.1.5.3.1 All college-level education must be obtained from a degree-granting institution accredited by the Commission on Colleges, a national or regional accreditation association, or by an accrediting agency that is recognized by the US Secretary of Education.
2.1.5.3.2 Applicants with a college degree from a foreign country may have their education evaluated for “equivalency” by 1 of the following:
2.1.5.3.3 The Certified Residential Real Property Appraiser classification requires completion of 200 AQB-approved class hours. As part of the 200 required hours, the applicant shall successfully complete the 15-Hour National USPAP Course, or its AQB-approved equivalent, and the examination. There is no alternative to successful completion of the USPAP Course and examination.
2.1.5.3.4 Applicants for Certified Residential credential must satisfy at least 1 of the following 5 options:
2.1.5.3.4.1 Possession of a Bachelor's Degree in any field of study;
2.1.5.3.4.2 Possession of an Associate's Degree in a field of study related to:
2.1.5.3.4.3 Successful completion of 30 semester hours of college-level courses that cover each of the following specific topic areas and hours:
2.1.5.3.4.4 Successful completion of at least 30 semester hours of College Level Examination Program (CLEP) examinations from each of the following subject matter areas:
2.1.5.3.4.5 Any combination of subsections 2.1.5.3.4.2 and 2.1.5.3.4.4 above that ensures coverage of all topics and hours identified in subsection 2.1.5.3.4.3.
2.1.5.3.5 As an alternative to the requirements in subsection 2.1.5.3.4 above, individuals who have held a Licensed Residential credential for a minimum of 5 years may qualify for a Certified Residential credential by satisfying all of the following:
2.1.5.3.5.1 No record of any adverse, final, and non-appealable disciplinary action affecting the Licensed Residential appraiser's legal ability to engage in appraisal practice within the 5 years immediately preceding the date of application for a Certified Residential credential;
2.1.5.3.5.2 Successful completion of the additional required qualifying education as specified in subsection 2.1.5.3;
2.1.5.3.5.3 Successful completion of the required experience as specified in subsection 2.1.5.4;
2.1.5.3.5.4 Successful completion of the Certified Residential Real Property Appraiser examination as specified in subsection 2.1.5.2.1.
2.1.5.3.6 Appraisers holding a valid Trainee Appraiser credential may satisfy the educational requirements for the Certified Residential Real Property Appraiser credential by successfully completing the following additional educational hours:
TOTAL 125 Hours
2.1.5.3.7 Appraisers holding a valid Licensed Residential Real Property Appraiser credential may satisfy the educational requirements for the Certified Residential Real Property Appraiser credential by successfully completing the following additional educational hours:
TOTAL 50 Hours
2.1.5.3.8 Appraisers holding a valid Trainee Appraiser credential wishing to change to the Certified Residential Real Property Appraiser classification must also satisfy the college-level education requirements as specified in subsection 2.1.5.3.4.
2.1.5.3.9 Appraisers holding a valid Licensed Residential Real Property Appraiser credential wishing to change to the Certified Residential Real Property Appraiser classification who do not meet the requirements outlined in subsection 2.1.5.3.5 must also satisfy the college-level education requirements as specified in subsection 2.1.5.3.4.
2.1.5.3.10 Appraisers holding a valid Licensed Residential Real Property Appraiser credential wishing to change to the Certified Residential Real Property Appraiser classification who meet the requirements outlined in subsection 2.1.5.3.5 do not need to satisfy the college-level education requirements as specified in subsection 2.1.5.3.4.
2.1.5.4 Experience
2.1.5.4.1 One thousand five hundred hours of appraisal experience obtained in no fewer than 12 months; or
2.1.5.4.2 Successful completion of a Certified Residential PAREA program as specified in subsection 2.1.7 "Practical Applications of Real Estate Appraisal (PAREA)".
2.1.6 Certified General Real Property Appraiser
2.1.6.1 General
2.1.6.1.1 The Certified General Real Property Appraiser classification qualifies the appraiser to appraise all types of real property.
2.1.6.1.2 All Certified General appraisers must comply with the COMPETENCY RULE of USPAP.
2.1.6.2 Examination
2.1.6.2.1 The AQB-approved Certified General Real Property Appraiser examination must be successfully completed. There is no alternative to successful completion of the exam.
2.1.6.2.2 The prerequisites for taking the AQB-approved examination are completion of:
2.1.6.2.2.1 Three hundred AQB-approved class hours; and
2.1.6.2.2.2 Completion of the requirements specified in subsection 2.1.6.3 “Qualifying Education”; and
2.1.6.2.2.3 Satisfaction of the requirements of subsection 2.1.6.4 "Experience".
2.1.6.3 Qualifying Education
2.1.6.3.1 Applicants for the Certified General credential must hold a Bachelor’s degree or higher from an accredited college or university. The college or university must be a degree-granting institution accredited by the Commission on Colleges, a national or regional accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. Applicants with a college degree from a foreign country may have their education evaluated for “equivalency” by 1 of the following:
2.1.6.3.2 The Certified General Real Property Appraiser classification requires completion of 300 AQB-approved class hours. As part of the 300 required hours, the applicant shall complete the 15-Hour National USPAP Course, or its AQB-approved equivalent, and the examination. There is no alternative to successful completion of the USPAP Course and examination.
2.1.6.3.3 Applicants must demonstrate that their education includes the core courses listed in these criteria, with particular emphasis on non-residential properties. Residential is defined as “composed of 1-to-4 residential units.”
2.1.6.3.4 Appraisers holding a valid Trainee Appraiser credential may satisfy the educational requirements for the Certified General Real Property Appraiser credential by successfully completing the following additional educational hours:
TOTAL 225 Hours
2.1.6.3.5 Appraisers holding a valid Licensed Residential Real Property Appraiser credential may satisfy the educational requirements for the Certified General Real Property Appraiser credential by successfully completing the following additional educational hours:
TOTAL 150 Hours
2.1.6.3.6 Appraisers holding a valid Certified Residential Real Property Appraiser credential may satisfy the educational requirements for the Certified General Real Property Appraiser credential by successfully completing the following additional educational hours:
TOTAL 100 Hours
2.1.6.3.7 Trainee Appraisers, Licensed Residential Real Property Appraisers, and Certified Residential Real Property Appraisers wishing to change to the Certified General Real Property Appraiser classification must also satisfy the requirements in subsections 2.1.6.3.1 and 2.1.6.3.3.
2.1.6.4 Experience
2.1.6.4.1 Three thousand hours of appraisal experience obtained during no fewer than 18 months is required, of which at least 1,500 hours must be in non-residential appraisal work; or
2.1.6.4.2 Successful completion of a Certified Residential PAREA program as specified in subsection 2.1.7 "Practical Applications of Real Estate Appraisal (PAREA)" and at least 1,500 hours of experience in non-residential appraisal work. This combination of a PAREA program and non-residential appraisal work shall be obtained in no fewer than 18 months.
2.1.7 Practical Applications of Real Estate Appraisal (PAREA)
2.1.7.1 PAREA programs approved by the AQB may serve as an alternative to the experience requirements.
2.1.7.2 In order to qualify as creditable experience, PAREA programs must be AQB approved and meet all the required elements found in the PAREA section of the Real Property Appraiser Qualification Criteria.
2.1.7.3 Applicants using PAREA training as alternative experience must submit a certificate of completion, subject to the following:
2.1.7.3.1 Applicants may not receive partial credit for PAREA training;
2.1.7.3.2 Applicants may not receive a certificate of completion until all required components of PAREA training have been successfully completed and approved by a program mentor;
2.1.7.3.3 Certificates of completion must not contain an expiration date or other constraints that either limit or restrict the applicant's ability to receive appropriate credit.
2.1.7.4 Applicants successfully completing approved PAREA programs may receive the following experience credit:
2.1.7.4.1 Applicants completing an approved Licensed Residential PAREA program:
2.1.7.4.2 Licensed Appraiser Credential: up to 100% percent of the required experience hours.
2.1.7.4.3 Certified Residential Credential: up to 67% percent of the required experience hours.
2.1.7.4.4 Certified General Credential: up to 33% percent of the total required experience, none of which is eligible towards the required non- residential hours.
2.1.7.5 Applicants completing an approved Certified Residential PAREA program:
2.1.7.5.1 Licensed Appraiser Credential: up to 100% percent of the required experience hours.
2.1.7.5.2 Certified Residential Credential: up to 100% percent of the required experience hours.
2.1.7.5.3 Certified General Credential: up to 50% percent of the total required experience, none of which is eligible towards the required non-residential hours.
2.2 License and Certificate Renewal
2.2.1 In September of each odd numbered year, the Division of Professional Regulation will send renewal notices to the email address on file of all licensees and certificate holders. Certificates and licenses will expire on October 31st of each odd numbered year.
2.2.2 As a condition of renewal, all licensees and certificate holders, either resident or reciprocal, shall be required to satisfy the continuing education requirements set forth in subsection 2.3 of this Section.
2.2.3 A licensee or certificate holder shall not perform appraisals after a license has expired. A licensee or certificate holder may renew a certificate or license within 60 days of its expiration. After 60 days, the individual must reapply as a new applicant.
2.2.4 A licensee or certificate holder may apply for inactive status for an indefinite time period if he or she is not performing appraisals in Delaware.
2.2.4.1 Persons with an inactive license or certificate must complete the same continuing education requirement as active licensees or certificate holders. Evidence of completion is due at renewal as provided in subsection 2.3.
2.2.4.2 An inactive license or certificate can be reactivated by notifying the Council through the Council approved online system.
2.3 Continuing Education (CE)
2.3.1 All licensees and certificate holders are required to attest to the completion of continuing education according to the following schedule:
2.3.1.1 No continuing education is required for fewer than 6 months of licensure;
2.3.1.2 Fourteen hours of continuing education are required after at least 6 months but fewer than 12 months of licensure; and
2.3.1.3 Twenty-eight hours of continuing education are required after 12 months of licensure by the end of the first renewal cycle.
2.4 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of subsections 2.3, 2.5, 2.6, 2.7, 2.8, and 2.9.
2.4.1 Attestation shall be completed through the Council approved online system.
2.4.1.1 Continuing education satisfying subsections 2.3 and 2.5 must be completed prior to attestation.
2.4.1.2 Licensees and certificate holders selected for random audit will be required to supplement the attestation with attendance verification pursuant to subsection 2.14.
2.5 All licensees and certificate holders, except as provided in subsection 2.3.1.1, must complete as a condition of each renewal:
2.5.1 The 7-hour National USPAP Continuing Education Course or its equivalent as determined through the AQB Course Approval Program or by an alternate method established by the AQB.
2.5.2 Between January 1, 2026 and October 31, 2027, 7 or more hours for Valuation Bias and Fair Housing Laws and Regulations or its equivalent as determined through the AQB Course Approval Program or by an alternative method established by the AQB. Beginning November 1, 2027, and thereafter 4 or more hours for Valuation Bias and Fair Housing Laws and Regulations or its equivalent.
2.5.3 Beginning November 1, 2019, and thereafter 2 hours of continuing education on Delaware Law, Rules and Regulations.
2.6 Programs must be structured to maintain or increase an appraiser’s skill, knowledge, and competency in real estate appraising. The following topics are appropriate but not exclusive:
2.7 Continuing education credit, up to 14 hours per licensure cycle, may also be granted for participation, other than as a student, in:
2.7.1 Teaching, not including preparation time.
2.7.2 Program development.
2.7.3 Authorship of textbooks.
2.8 Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings, excluding travel time, if those activities specifically relate to real estate appraisal education, but for no more than 8 hours per licensure period. Continuing education credit may be awarded for a single state appraiser regulatory agency meeting per continuing education cycle. The meeting must be open to the public and must be a minimum of 2 hours in length. The total credit cannot exceed 7 hours. The appraiser must sign in and out of the meeting in order to be awarded continuing education credit.
2.9 A creditable hour is defined as 50 minutes out of each 60 minute segment. The educational offering must be at least 2 hours.
2.10 The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from 1 of the following sources:
2.10.1 AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
2.10.2 A college that qualifies for content approval and awards academic credit for the distance education course; or
2.10.3 A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
2.11 AQB-approved courses are automatically approved and do not need to be submitted for approval. All other courses must be approved by the Council to qualify as continuing education. Either the provider or the appraiser must apply to the Council for approval using the Council approved online system. Applicants seeking pre-approval must submit all required documentation at least 60 days before the scheduled offering.
2.12 A written, proctored examination is required for all qualifying education distance course offerings. AQB approved courses are automatically approved and do not need to be submitted for approval. The term written refers to an examination that might be written on paper or administered electronically on a computer workstation or other device.
2.13 Appraisers may not receive credit for completion of the same continuing education course offering within an appraiser's continuing education cycle.
2.14 Random audits will be performed by the Council to ensure compliance with the continuing education requirements. At least 25% of the licensees and certificate holders shall be audited at each renewal. The Council shall have the discretion to increase the percentage of licensees and certificate holders to be audited. Every licensee or certificate holder renewing during the permissible late period after the expiration of the license or certificate will be included in the audit.
2.14.1 The Council will notify licensees and certificate holders within 60 days after renewal that they have been selected for audit.
2.14.2 Licensees and certificate holders selected for random audit shall be required to submit verification within 30 days of the date of notification of selection for audit.
2.14.3 Verification shall include such information necessary for the Council to assess whether the course or other activity meets the CE requirements in subsection 2.6, which may include, but is not limited to, the following information:
2.14.3.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance;
2.14.3.2 Date of CE course;
2.14.3.3 Instructor of CE course;
2.14.3.4 Sponsor of CE course;
2.14.3.5 Title of CE course; and
2.14.3.6 Number of hours of CE course.
2.14.4 The Council shall review all documentation submitted by licensees and certificate holders pursuant to the continuing education audit. If the Council determines that the licensee or certificate holder has met the continuing education requirements, his or her license shall remain in effect. If the Council determines that the licensee or certificate holder has not met the continuing education requirements, the licensee or certificate holder shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §4014(a)(5) and the licensee or certificate holder may be subject to 1 or more of the disciplinary sanctions set forth in 24 Del.C. §4016.
2.15 [Reserved.]
2.16 Federal Appraiser Registry. Licensees and certificate holders are required to be enrolled in the federal roster or registry of state licensed and state certified real property appraisers. The fee established for that purpose shall be paid biennially by the license or certificate holder to the State of Delaware.
2.17 Experience for Initial or Upgade Applications
2.17.1 States must ensure that appraiser experience logs conform to AQB Criteria. States may not accept an affidavit for experience credit claimed by applicants for certification. Effective July 1, 2013, States may not accept an affidavit for experience credit claimed by applicants for any federally recognized credential. The requirements of USPAP shall not apply to the Board, its agents, and employees while conducting an appraisal review for the purposes of confirming an applicant’s experience.
2.17.2 Validation Required. States must implement a reliable validation procedure to verify that each applicant’s:
2.17.2.1 Experience meets AQB Criteria;
2.17.2.2 Experience is USPAP compliant; and
2.17.2.3 Experience hours have been successfully completed consistent with AQB Criteria.
2.17.3 Validation Procedures, Objectives and Requirements
2.17.3.1 Selection of Work Product. Program staff or State board members must select the work product to be analyzed for USPAP compliance; applicants may not have any role in selection of work product. States must analyze a representative sample of the applicant’s work product.
2.17.3.2 USPAP Compliance. For appraisal experience to be acceptable under AQB Criteria, it must be USPAP compliant. States must exercise due diligence in determining whether submitted documentation of experience or work product demonstrates compliance with USPAP. Persons analyzing work product for USPAP compliance must have sufficient knowledge to make that determination.
2.17.3.3 Determination of Experience Time Periods. When measuring the experience time period required by AQB Criteria, States must review each appraiser’s experience log and note the dates of the first and last acceptable appraisal activity performed by the applicant. At a minimum, the time period spanned between those appraisal activities must comply with the AQB Criteria.
2.17.3.4 Supporting Documentation. States must maintain adequate documentation to support validation methods. The applicant’s file, either electronic or paper, must include the information necessary to identify each appraisal assignment selected and analyzed by the State, notes, letters and/or reports prepared by the official(s) evaluating the report for USPAP compliance, and any correspondence exchanged with the applicant regarding the appraisals submitted. This supporting documentation may be discarded upon the completion of the first ASC Compliance Review performed after the credential issuance or denial for that applicant.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-3.0 Examination
3.1 The Council shall review each application to determine whether the applicant is qualified under 24 Del.C. §4008 to sit for the examination.
3.2 Applicants for licensure as a state licensed real property appraiser and for certification as a state certified residential or general real property appraiser shall successfully complete the examination as endorsed by the AQB and approved by the Council on Real Estate Appraisers.
3.3 The passing scores on the examinations shall be the scores recommended as passing by Assessment Systems, Inc., the successor agency or company then contracted by the Division of Professional Regulation for administering the examination as endorsed by the Council on Real Estate Appraisers.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-4.0 General Appraisal Practice
4.1 Administrative Responsibilities
4.1.1 Appropriate titles and approved abbreviations
4.1.1.1 A State certified general appraiser shall use the title of "State Certified General Real Property Appraiser”. The approved abbreviation is DE Cert Gen X1-{insert credentialed certification number}.
4.1.1.2 A State certified residential appraiser shall use the title of "State Certified Residential Real Property Appraiser”. The approved abbreviation is DE Cert Res X2-{insert credentialed certification number}.
4.1.1.3 A State licensed residential appraiser shall use the title of "State Licensed Residential Real Property Appraiser”. The approved abbreviation is DE Lic Appr X3-{insert credentialed license number}.
4.1.1.4 A State licensed appraiser trainee shall use the title of "State Licensed Appraisal Trainee" or "Appraiser Trainee”. The approved abbreviation is DE Appr Trainee X4-{insert credentialed license number}.
4.1.2 The real property appraiser license or certificate of a State licensed or State certified real property appraiser shall be prominently displayed at the appraiser’s place of business. The license of a State licensed appraiser trainee shall be prominently displayed at his or her supervisor’s place of business.
4.1.3 The biennial license or certificate renewal pocket card issued by the Council to each State licensed or State certified real property appraiser shall be retained by the licensee or certificate holder as evidence of licensure or certification. When performing appraisals, the licensee or certificate holder shall carry on his/her person the pocket card issued by the Council.
4.1.4 When advertising or otherwise holding oneself out as a real property appraiser, a State licensed real property appraiser shall identify that real property appraiser as a “State licensed real property appraiser.” A State certified residential real property appraiser shall identify that real property appraiser as a “State certified residential real property appraiser”. A State certified general real property appraiser shall identify that real property appraiser as a “State certified general real property appraiser.” A State licensed real estate appraisal trainee shall identify that real property appraiser trainee as a “State licensed real estate appraiser trainee.”
4.1.5 Licensure or certification as a real property appraiser is granted only to persons and does not extend to a business entity.
4.1.6 All licensees and certificate holders shall notify the Council in writing of each change of business address, residence address, e-mail address, business telephone number or trade name within 10 days of said change. The information provided shall be sufficiently descriptive to enable the Council to correspond with and locate the licensee or certificate holder. All licensees and certificate holders shall notify the Council in writing of each change of supervisor or employer, and shall provide the Council with the new supervisor’s or employer’s name, business address, and business telephone number.
4.1.7 Appraisal reports
4.1.7.1 Appraisal reports prepared by or under the direction of 1 or more State licensed or State certified real property appraisers shall bear:
4.1.7.1.1 The signature of those State licensed or State certified appraisers;
4.1.7.1.2 The license or certificate numbers of those State licensed or certified appraisers; and
4.1.7.1.3 The appropriate titles or approved abbreviations, as specified in subsection 4.1.1, of those State licensed or certified appraisers.
4.1.7.2 Any appraisal report signed by a State licensed appraiser trainee shall be co-signed by a supervising State certified appraiser according to subsection 2.1.3.3.
4.1.7.3 Each signatory shall be fully responsible for the content of the appraisal report prepared by them or under their direction.
4.1.7.4 Each appraisal report shall indicate whether or not each State licensed or certified appraiser has personally inspected the property.
4.1.7.5 Each appraisal report shall identify any other person who assists in the appraisal process other than by providing clerical assistance.
4.1.8 Each State certified or State licensed appraiser shall be responsible for the proper maintenance and retention of the appraisal records.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-5.0 Temporary Practice & Reciprocity
5.1 Temporary Practice. The Division of Professional Regulation may grant temporary licensing or certification privileges to an appraiser licensed or certified in another state in accordance with 24 Del.C. §4010. No more than 3 temporary permits will be granted to the same individual per 12 month period.
5.2 Reciprocity. The Council may grant a reciprocal license in accordance with 24 Del.C. §4011 to applicants certified or licensed in another state whose requirements for certification or licensure are substantially similar to the State of Delaware.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-6.0 Guidelines for Qualifying Mass Appraisal Experience
6.1 Qualifying Mass Appraisal Experience
6.1.1 Qualifying mass appraisal experience must conform to USPAP Standard 6. Credit will be given for experience that demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.
6.1.2 Components of the mass appraisal process that should be given credit are highest and best use analysis, model specification (developing the model), and model calibration (developing adjustments to the model). Other components of the mass appraisal process, by themselves, shall not be eligible for experience credit.
6.1.3 In order to evaluate the experience qualifications of ad valorem tax assessors with mass appraisal experience, the Council will review such applications considering the above - mentioned criteria, and shall review work samples for compliance with USPAP Standard 6. It is important to note that any individual appraisal reports prepared in conformity with USPAP Standards 1 and 2 are fully creditable as appraisal experience. Such reports are often prepared by ad valorem appraisers for defense of value work. Ad valorem appraisers are encouraged to apply for experience credit for full appraisals as well as for mass appraisal experience. An hour of experience is defined as actual verifiable time spent performing tasks in accordance with the Council Rules and Regulations. USPAP Standard 6 sets forth in detail the required work and the reporting of that work for ad valorem tax purposes. Unlike the fee appraiser who prepares and signs a report for each value estimate, the ad valorem appraiser typically prepares analyses and reports that support the appraisals for groups of properties. These efforts are focused on the specification and calibration of models (validation schedules) for these groups of properties.
6.1.4 Applicants seeking mass appraisal experience credit must demonstrate their experience using 1 of the following options:
6.1.4.1 Develop the mass appraisal system (model specification and calibration that includes highest and best use analysis) or;
6.1.4.2 Adjust an existing mass appraisal system to local market conditions (model calibration that includes highest and best use analysis).
6.1.5 Data collection for purposes of mass appraisal, defined as the on-site collection of property characteristics, is not by itself creditable as appraisal experience. However, as part of mass appraisal model specification and/or calibration, the applicant accepts responsibility for the accuracy of market (sales) data used to develop and/or calibrate the models. Therefore, it is important that the applicant have a working familiarity with the range of properties in the sales sample and thus creditable experience is allowed for sales verification work in conjunction with the mass appraisal model specification/calibration process.
6.1.6 The applicant must have a documented data collection manual that specifies how each property characteristic was measured. For each property characteristic that influences the final value for any property, a complete specification of the variable must be available in the mass appraisal model (schedule) documentation. This documentation must detail how each property characteristic influences value and it must provide a basis in terms of market evidence for using these characteristics.
6.1.7 If the applicant is using an existing mass appraisal system, either mass appraisal vendor supplied or a commercial cost service, documentation must exist which supports how the valuation system was calibrated to local market conditions. If the cost approach is used, documentation must exist which illustrates the extraction of depreciation schedules from local market analysis.
6.1.8 If the applicant develops the mass appraisal model (schedule) specification, evidence derived directly from the local market must be available that supports the use of each property characteristic. For property characteristics included in the model that have a marginal influence on value (items generally included for public relations purposes), such items should be specifically identified and their contribution to value detailed.
6.2 Mass Appraisal Experience Log. Applicants seeking mass appraisal experience credit must complete the Mass Appraisal Experience Log on a form approved by the Council.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-7.0 Standards of Appraisal Practice
7.1 Appraisal Standards
7.1.1 In performing the acts and services of a state licensed or state certified real property appraiser, every appraiser trainee, state licensed and state certified real property appraiser shall comply with those appraisal practice standards known as the “Uniform Standards of Professional Appraisal Practice” (USPAP) and any subsequent amendments thereto, promulgated by the Appraisal Standards Board of the Appraisal Foundation or its successor organization, which standards are hereby adopted by reference.
7.1.2 Copies of the “Uniform Standards of Professional Appraisal Practice” are available from The Appraisal Foundation, Distribution Center, P.O. Box 381, Annapolis Junction, MD 20701-09381. An electronic version is available from the Foundation Store at the website of The Appraisal Foundation at https://www.Appraisalfoundation.org.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-8.0 Complaints and Hearing Procedures
8.1 Complaints. The Council incorporates by reference the procedures for investigation of complaints by the Division of Professional Regulation as set forth in 29 Del.C. §8735.
8.2 Hearing Procedures. All hearings shall be in accordance with the Administrative Procedures Act, 29 Del.C. §§10121-10129.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-9.0 Appraisal Management Companies
9.1 Appraisal Management Companies ("AMCs") registered with the State of Delaware shall be enrolled in the federal registry of state-registered AMCs. The registered AMC shall pay the fee established for that purpose. The Division of Professional Regulation shall collect and transmit the information necessary to populate the Federal roster or registry along with the fees collected for that purpose. If an AMC listed on the federal registry is no longer registered with or operating in Delaware, the Division of Professional Regulation shall notify the Appraisal Subcommittee as soon as practicable.
9.2 In addition to the exemptions from registration set forth in 24 Del.C. §4023, an AMC that is a subsidiary owned and controlled by an insured depository institution, as defined in 12 U.S.C. §1813 and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation shall be exempt from registration. However, such AMC must report the information required to be submitted by the Council to the Appraisal Subcommittee, pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act, any federal regulation promulgated thereunder, and any policy or rule established by the Appraisal Subcommittee and pay an annual registry fee to the Council in an amount determined by the Appraisal Subcommittee in accordance with federal law. The Council shall transmit the annual registry fee and the required information to the Appraisal Subcommittee or its successor entity.
9.3 Only AMCs that meet the federal definition of an AMC shall be required to register and pay associated fees in Delaware.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-10.0 Assessors
10.1 Definitions
The following words and terms, when used in this regulation, have the following meanings, unless the context clearly indicates otherwise:
“Ad valorem taxation purposes” The establishment of the value of real property as determined by a government employee or revaluation company personnel on contract with a governmental entity for real estate tax assessment.
“Appraisal assessing profession” The body of individuals who are deemed to be qualified to perform ad valorem tax appraisals.
“Assessor” A person responsible for the valuation of real property for ad valorem taxation purposes.
“Business with which a licensed assessor is associated” A business in which the licensed assessor or a member of the licensed assessor’s immediate family is a director, officer, owner or employee, or has a financial interest.
“Conflict of interest” A situation in which a licensed assessor uses the licensed assessor’s employment or confidential information received through the course of the employment for the private pecuniary benefit of the licensed assessor, a member of the licensed assessor’s immediate family, or a business with which the licensed assessor or a member of the licensed assessor’s immediate family is associated.
“Financial interest” A financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.
“Immediate family” A parent, spouse, child, brother, sister, grandparent or grandchild and, when living in the family household (or under a common roof), all other individuals related by blood or marriage.
“Licensed assessor” An individual who has completed a minimum of 90 hours of basic courses of study covering the appraisal assessing profession and has obtained a certification from the Board.
“Real estate tax assessment” A valuation placed on real property for governmental purposes by a government employee or revaluation company personnel on contract with a government.
10.2 Certification requirements. An assessor employed on or before June 30, 2011, who does not hold the title of ‘‘licensed assessor,’’ and an assessor employed after June 30, 2011, shall obtain certification as a assessor within 3 years from the effective date of these regulations.
10.3 Application process
10.3.1 Application forms. Application forms for certification as a licensed assessor may be obtained from the Division of Professional Regulations.
10.3.2 Application fee. The application form shall be accompanied by the fee for certification as an assessor. The application fee is nonrefundable. Payment shall be in the form of a personal check or money order.
10.4 Scope of practice. Assessors and revaluation company personnel who receive certification as an assessor may perform appraisals of real property only in limited circumstances, that is, for tax assessment/governmental purposes.
10.5 Qualifications for certification as an assessor
10.5.1 To be considered for certification as an assessor, an assessor shall meet the following requirements. The assessor shall:
10.5.1.1 Have a high school diploma or its equivalent, or 2 years of assessing experience; and
10.5.1.2 Be 18 years of age or older; and
10.5.1.3 Have successfully completed a minimum of 90 qualifying education hours of courses of study in subjects covering the appraisal assessing profession, including coverage of the topics in subsection 10.6 (relating to required courses of study).
10.5.2 An applicant for certification as an assessor who has demonstrated compliance with the requirements of subsection 10.5.1 and subsection 10.6 will be granted a certificate by the Board.
10.5.3 Applicants who hold a certified residential or certified general appraiser license from the Board do not need a certification as an assessor, but may practice assessing in this state.
10.6 Required courses of study
10.6.1 Courses of study. The applicant for certification as an assessor shall submit evidence to the Board of having completed 90 classroom/on-line hours of courses in subjects covering the appraisal assessing profession. The following topics are appropriate, but not exclusive:
10.6.1.1 Influence in real estate value.
10.6.1.2 Legal considerations influencing value.
10.6.1.3 Types of values.
10.6.1.4 Economic principles.
10.6.1.5 Real estate markets and analysis.
10.6.1.6 Valuation process.
10.6.1.7 Property description.
10.6.1.8 Highest and best use analysis.
10.6.1.9 Appraisal statistical concepts.
10.6.1.10 Sales comparison approach.
10.6.1.11 Site value.
10.6.1.12 Cost approach.
10.6.1.13 Income approach, including direct and yield capitalization techniques.
10.6.1.14 Valuation of partial interests.
10.6.1.15 Uniform Standards of Professional Appraisal Practice.
10.6.1.16 Narrative report writing.
10.6.1.17 Assessment law and practice.
10.6.1.18 Mass appraisal systems.
10.6.1.19 Mapping.
10.6.2 Courses must be approved by the Council to qualify as meeting the requirements of these rules. Either the provider or the assessor must apply to the Council for approval using a form approved by the Council.
10.7 Continuing education requirement
10.7.1 Except as provided in subsection 10.7.2, a licensed assessor shall complete 14 classroom hours of continuing education-including at least 7 hours on USPAP and at least 3 hours on the law, rules, and regulations of the Council-during each biennial renewal period as a condition of renewal of certification for the next biennial renewal period. Seven hours may be completed via on-line, video or remote instruction; and 7 hours must be completed in a traditional classroom setting, with an instructor during every biennial renewal period.
10.7.2 No continuing education is required for fewer than 12 months of licensure.
10.7.3 Proof of continuing education is satisfied with an attestation by the licensed assessor that he or she has satisfied the requirements of these rules.
10.7.3.1 Attestation must be completed electronically since the renewal is accomplished online.
10.7.3.2 Licensed assessors selected for random audit will be required to supplement the attestation with attendance verification pursuant to subsection 10.7.4.
10.7.4 Random audits will be performed by the Council to ensure compliance with the CE requirements. At least 25% of the licensed assessors shall be audited at each renewal. The Council shall have the discretion to increase the percentage of licensed assessors to be audited.
10.7.4.1 The Council will notify licensed assessors within 60 days after renewal that they have been selected for audit.
10.7.4.2 Licensed assessors selected for random audit shall be required to submit verification within 30 days of the date of notification of selection for audit.
10.7.4.3 Verification shall include such information necessary for the Council to assess whether the course or other activity meets the CE requirements, which may include, but is not limited to, the following information:
10.7.4.3.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance;
10.7.4.3.2 Date of CE course;
10.7.4.3.3 Instructor of CE course;
10.7.4.3.4 Sponsor of CE course;
10.7.4.3.5 Title of CE course; and
10.7.4.3.6 Number of hours of CE course.
10.7.5 The Council shall review all documentation submitted by assessors pursuant to the continuing education audit. If the Council determines that the assessor has met the continuing education requirements, his or her license shall remain in effect. If the Council determines that the assessor has not met the continuing education requirements, the assessor shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. Unjustified noncompliance with the continuing education requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §4014(a)(5) and the assessor may be subject to 1 or more of the disciplinary sanctions set forth in 24 Del.C. §4016.
10.8 Continuing education subject matter
10.8.1 Continuing education subject matter shall relate to assessment and appraisal practices. The following subjects are acceptable for continuing education:
10.8.1.1 Ad valorem taxation.
10.8.1.2 Arbitration.
10.8.1.3 Business courses related to the practice of real estate appraisal.
10.8.1.4 Development cost-estimating.
10.8.1.5 Ethics and standards of professional practice.
10.8.1.6 Land use planning, zoning and taxation.
10.8.1.7 Management, leasing, brokerage and time sharing.
10.8.1.8 Property development.
10.8.1.9 Real estate appraisal.
10.8.1.10 Real estate financing and investment.
10.8.1.11 Real estate law.
10.8.1.12 Real estate litigation.
10.8.1.13 Real estate appraisal related computer applications.
10.8.1.14 Real estate securities and syndication.
10.8.1.15 Real property exchange.
10.8.1.16 Mass appraisal model building.
10.8.1.17 Mass appraisal model calibration.
10.8.1.18 Assessment administration.
10.8.1.19 Mapping.
10.8.2 Continuing education credit, up to 14 hours per licensure cycle (non in-class hours), may also be granted for participation in:
10.8.2.1 Teaching, including preparation time up to the number of hours spent teaching, for example, a 3 hour class can be submitted for 6 hours if the preparation time was at least 3 hours.
10.8.2.2 Program development
10.8.2.3 Authorship of textbooks
10.8.3 Continuing education credit may be awarded for participation in field trips, conferences, and trade association meetings, excluding travel time, if those activities specifically relate to assessor education, but for no more than 8 hours per licensure period.
10.8.4 A creditable hour is defined as 50 minutes out of each 60 minute segment. The educational offering must be at least 2 hours.
10.8.5 The Delaware Council on Real Estate Appraisers may approve the content of a distance education course after approval of the delivery mechanism is approved from 1 of the following sources:
10.8.5.1 AQB approved organizations providing approval of course design and delivery, such as the International Distance Education Certification Center (IDECC);
10.8.5.2 A college that qualifies for content approval and awards academic credit for the distance education course; or
10.8.5.3 A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporates interactivity;
10.8.6 Courses must be approved by the Council to qualify as continuing education. Either the provider or the assessor must apply to the Council for approval using a form approved by the Council. Applicants seeking pre-approval must submit all required documentation 60 days before the scheduled offering.
10.9 Administrative Responsibilities
10.9.1 The assessor license or certificate of a State licensed assessor shall be prominently displayed at the assessor’s place of business.
10.9.2 The biennial license or certificate renewal pocket card issued by the Council to each State licensed assessor shall be retained by the licensee as evidence of licensure. When performing assessments, the licensee shall carry on his/her person the pocket card issued by the Council.
10.9.3 When advertising or otherwise holding himself/herself out as an assessor, a State licensed real assessor shall identify himself/herself as a “State licensed assessor.”
10.9.4 Licensure as an assessor is granted only to persons and does not extend to a business entity.
10.9.5 All licensees shall notify the Division in writing of each change of contact information, including but not limited to business address, residence address, e-mail address, business telephone number or trade name within 10 days of said change. The information provided shall be sufficiently descriptive to enable the Council to correspond with and locate the licensee. All licensees shall notify the Council in writing of each change of supervisor or employer, and shall provide the Council with the new supervisor’s or employer’s name, business address, and business telephone number.
10.9.6 Each written assessment prepared by or under the direction of a State licensed assessor shall bear the signature of the State licensed assessor, the license number of the licensee in whose name the assessment report is issued, and the appropriate title such as “State licensed assessor.”
10.9.7 Each State licensed assessor shall be responsible for the proper maintenance and retention of the assessment records.
10.10 Standards of Professional Conduct.
10.10.1 Preamble. Licensed assessors shall comply with the act and this subchapter and conform to the standards of professional conduct in this section. Licensed assessors who fail to adhere to these standards will be subject to professional discipline under 24 Del.C. §4016.
10.10.2 Standard 1. General duties. Licensed assessors shall perform their duties in accordance with the general and specific county assessment laws and generally accepted assessment standards. Licensed assessors shall perform all assessments in accordance with USPAP. Licensed assessors may obtain a copy of the current edition of USPAP by writing, telephoning or e-mailing the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, (202) 347-7722 or info@appraisalfoundation.org, respectively.
10.10.3 Standard 2. Public review of assessments and records. Licensed assessors shall make property assessments available for public review and shall make all other records in their custody available for public review unless access to the records is specifically limited or prohibited by law or the information has been obtained on a confidential basis and the law permits the information to be treated confidentially.
10.10.4 Standard 3. Professional qualifications. Licensed assessors shall use professional designations only when they are properly authorized to do so. Licensed assessors may not claim qualifications that are false, misleading or deceptive.
10.10.5 Standard 4. Limitations on activities. Licensed assessors may not perform assessments or appraisal-related assignments that could reasonably be construed as being in conflict with their responsibilities to their jurisdictions, employers or clients, in which they have unrevealed personal interests or biases, or that they are not qualified to perform.
10.10.6 Standard 5. Contingent fees. Licensed assessors may not perform an assessment or appraisal-related assignment if the employment itself is contingent upon the reporting of a predetermined analysis or opinion, or if the fee to be paid for the performance of the assignment is contingent upon the opinion, conclusion or valuation reached, or upon the consequences resulting from the assignment.
10.10.7 Standard 6. Advertising and promotion. Licensed assessors may not make false, misleading or deceptive statements or claims in advertising or promotions to solicit assessment and appraisal-related assignments.
10.10.8 Standard 7. Conflict of interest. Licensed assessors who are government employees may not solicit or perform assessment and appraisal-related assignments that could create conflicts of interest or the appearance of conflicts of interest.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-11.0 Crimes Substantially Related to the Practice of Real Estate Appraisal
11.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of real estate appraisal in the State of Delaware without regard to the place of conviction:
11.1.1 Murder by abuse or neglect in the second degree; class B felony. 11 Del.C. §633
11.1.2 Murder by abuse or neglect in the first degree; class A felony. 11 Del.C. §634
11.1.3 Murder in the second degree; class A felony. 11 Del.C. §635
11.1.4 Murder in the first degree; class A felony. 11 Del.C. §636
11.1.5 Unlawful sexual contact in the third degree; class A misdemeanor. 11 Del.C. §767
11.1.6 Unlawful sexual contact in the second degree; class F felony. 11 Del.C. §768
11.1.7 Unlawful sexual contact in the first degree; class D Felony. 11 Del.C. §769
11.1.8 Rape in the fourth degree; class C felony. 11 Del.C. §770
11.1.9 Rape in the third degree; class B felony. 11 Del.C. §771
11.1.10 Rape in the second degree; class B felony. 11 Del.C. §772
11.1.11 Rape in the first degree; class A felony. 11 Del.C. §773
11.1.12 Continuous sexual abuse of a child; class B felony. 11 Del.C. §776
11.1.13 Dangerous crimes against a child. 11 Del.C. §777, 777A
11.1.14 Kidnapping in the second degree; class C felony. 11 Del.C. §783
11.1.15 Kidnapping in the first degree; class B felony. 11 Del.C. §783A
11.1.16 Arson in the third degree; class G felony. 11 Del.C. §801
11.1.17 Arson in the second degree; class D felony. 11 Del.C. §802
11.1.18 Arson in the first degree; class C felony. 11 Del.C. §803
11.1.19 Burglary in the third degree; class F felony. 11 Del.C. §824
11.1.20 Burglary in the second degree; class D felony. 11 Del.C. §825
11.1.21 Burglary in the first degree; class C felony. 11 Del.C. §826
11.1.22 Robbery in the second degree; class E felony. 11 Del.C. §831
11.1.23 Robbery in the first degree; class B felony. 11 Del.C. §832
11.1.24 Extortion; class E felony. 11 Del.C. §846
11.1.25 Misapplication of property; class G felony. 11 Del.C. §848
11.1.26 Theft of rented property; class G felony. 11 Del.C. §849
11.1.27 Theft; class G felony; class A misdemeanor. 11 Del.C. §841
11.1.28 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
11.1.29 Theft; false pretense. 11 Del.C. §843
11.1.30 Theft; false promise. 11 Del.C. §844
11.1.31 Theft of services. 11 Del.C. §845
11.1.32 Identity theft; class D felony. 11 Del.C. §854
11.1.33 Forgery; class F felony; class G felony. 11 Del.C. §861
11.1.34 Possession of forgery devices; class G felony. 11 Del.C. §862
11.1.35 Tampering with public records in the first degree; class E felony. 11 Del.C. §876
11.1.36 Issuing a false certificate; class G felony. 11 Del.C. §878
11.1.37 Fraudulent conveyance of public lands; class G felony. 11 Del.C. §911
11.1.38 Fraudulent receipt of public lands; class G felony. 11 Del.C. §912
11.1.39 Insurance fraud; class G felony. 11 Del.C. §913
11.1.40 Home improvement fraud; class G felony. 11 Del.C. §916
11.1.41 New home construction fraud; class B felony, class D felony, class G felony. 11 Del.C. §917
11.1.42 Dealing in children; class E felony. 11 Del.C. §1100A
11.1.43 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1102
11.1.44 Sexual exploitation of a child; class B felony. 11 Del.C. §1108
11.1.45 Unlawfully dealing in child pornography; class B felony. 11 Del.C. §1109
11.1.46 Possession of child pornography; class F felony. 11 Del.C. §1111
11.1.47 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
11.1.48 Sexual solicitation of a child; class C felony. 11 Del.C. §1112A
11.1.49 Bribery; class E felony. 11 Del.C. §1201
11.1.50 Receiving a bribe; class E felony. 11 Del.C. §1203
11.1.51 Perjury in the second degree; class F felony. 11 Del.C. §1222
11.1.52 Perjury in the first degree; class D felony. 11 Del.C. §1223
11.1.53 Making a false written statement; class A misdemeanor. 11 Del.C. §1233
11.1.54 Tampering with physical evidence; class G felony. 11 Del.C. §1269
11.1.55 Hate crimes; class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. 11 Del.C. §1304
11.1.56 Possession of a deadly weapon during commission of a felony; class B felony. 11 Del.C. §1447
11.1.57 Possession of a firearm during commission of a felony; class B felony. 11 Del.C. §1447A
11.1.58 Removing a firearm from the possession of a law enforcement officer; class C felony. 11 Del.C. §1458
11.1.59 Organized crime and racketeering, class B felony. 11 Del.C. §1504
11.1.60 Abuse of patient or resident in a long-term care facility; class C felony; class G felony, class A felony. 16 Del.C. §1136(a)
11.1.61 Knowing or reckless abuse of an adult who is impaired; class D felony; class E felony; class G felony; class A felony. 31 Del.C. §3913
11.2 Crimes substantially related to the practice of appraisal shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
24 Del. Admin. Code § 2930-12.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
12.1 If the report is received by the chairperson of the regulatory Council, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Council, or that chairperson's designate or designates.
12.2 The chairperson of the regulatory Council or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
12.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Council chairperson or that chairperson's designate(s).
12.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Council or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Council.
12.5 Failure to cooperate fully with the participating Council chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Council chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 12.8 of this section.
12.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
12.6.1 Entry of the regulated professional into a treatment program approved by the participating Council. Council approval shall not require that the regulated professional be identified to the Council. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
12.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Council or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Council or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
12.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
12.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Council, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Council in addition to the administrative costs associated with the Voluntary Treatment Option.
12.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Council's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
12.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
12.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Council may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
12.8 The participating Council's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
12.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
12.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Council shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
12.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
12.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Council's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 22 DE Reg. 867 (04/01/19)
- 27 DE Reg. 442 (12/01/23)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 16 DE Reg. 221 (08/01/12)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 64 (07/01/20)
- 24 DE Reg. 947 (04/01/21)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 12 DE Reg. 123 (07/01/09)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 28 DE Reg. 396 (11/01/24)
- 9 DE Reg. 1377 (03/01/06)
- 21 DE Reg. 244 (09/01/17)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 9 DE Reg. 1377 (03/01/06)
- 4 DE Reg. 1504 (03/01/01)
- 24 DE Reg. 64 (07/01/20)
- 28 DE Reg. 396 (11/01/24)
- 4 DE Reg. 1504 (03/01/01)
- 15 DE Reg. 888 (12/01/11)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 4 DE Reg. 1504 (03/01/01)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 1499 (05/01/08)
- 21 DE Reg. 244 (09/01/17)
- 24 DE Reg. 64 (07/01/20)
- 4 DE Reg. 1504 (03/01/01)
- 6 DE Reg. 1668 (06/01/03)
- 9 DE Reg. 1377 (03/01/06)
- 11 DE Reg. 813 (12/01/07)
- 11 DE Reg. 1499 (05/01/08)
- 13 DE Reg. 123 (07/01/09)
- 15 DE Reg. 888 (12/01/11)
- 15 DE Reg. 1708 (06/01/12)
- 16 DE Reg. 221 (08/01/12)
- 16 DE Reg. 999 (03/01/13)
- 17 DE Reg. 444 (10/01/13)
- 17 DE Reg. 927 (03/01/14)
- 19 DE Reg. 70 (07/01/15)
- 20 DE Reg. 65 (07/01/16)
- 21 DE Reg. 244 (09/01/17)
- 22 DE Reg. 867 (04/01/19)
- 24 DE Reg. 947 (04/01/21)
- 24 DE Reg. 64 (07/01/20)
- 25 DE Reg. 633 (12/01/21)
- 27 DE Reg. 442 (12/01/23)
- 28 DE Reg. 396 (11/01/24)
3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals
24 Del. Admin. Code § 3000-1.0 General
1.1 Elections – The Board shall elect officers annually at the regular January meeting. The office of President must rotate among the professions regulated and the public members.
1.2 Governing Statute – Chapter 30 of Title 24 of the Delaware Code governs the Board and the professions under its purview. Licensees should look to the statute first for requirements, then to these regulations for clarification or elaboration. There are critical requirements in the statute that do not appear in these regulations.
1.3 Licensee Contact Information – It shall be the responsibility of all licensees to keep the Division of Professional Regulation (Division) informed of any change of address. Renewal notices will be sent to the last address on file with the Division.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-2.0 Licensure for Professional Counselors of Mental Health (LPCMH)
2.1 Graduate Transcript. The applicant's master's degree in Clinical Mental Health counseling shall be documented by an official transcript submitted directly to the Board by the accredited educational institution granting the degree. In cases where an applicant’s master’s degree required remediation by the certifying organization the completion date of remediation courses shall be considered the conferment date of the degree of record for all matters before the Board. Applicants who did not obtain a degree in clinical mental health counseling must have completed a minimum of 60 graduate semester hours of coursework that encompasses the current Council for Accreditation of Counseling and Related Educational Programs (CACREP) standards for a clinical mental health counseling program including the Clinical Mental Health Counseling specialty standards, practicum, and internship requirements. Applicants who did not obtain a degree in clinical mental health counseling must submit a course evaluation sheet with their application.
2.2 All applicants must have passed the National Counselor Examination (NCE) or other examination acceptable to the Board.
2.3 Professional Mental Health Counseling Experience. All applicants must provide documentation of 3,200 hours of supervised professional mental health counseling acceptable to the Board obtained over a period of not less than 2 years and not more than 4 years, at least 1,600 hours of which shall be supervised clinical experience acceptable to the Board. In order to be acceptable to the Board, the supervision must involve the provision of face-to-face professional mental health clinical counseling services with clients and other matters directly related to the treatment of clients, in a setting that is clearly designated to provide professional mental health clinical counseling services and is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Face-to-face includes both in person and live video conferencing. Educational or guidance counseling is not considered clinical mental health counseling. However, professional counseling experience done under the auspices of a mental health organization providing contracting services to a school or school system may be acceptable to the Board.
2.4 Required Supervision Hours. Applicants must provide documentation of completion of 3,200 hours of mental health counseling services over a period of no less than 2 but no more than 4 consecutive years.
2.4.1 Of the required 3,200 hours of total experience, 1,600 hours must have been completed under the professional direct supervision of an individual who meets the requirements of subsections 2.5 - 2.5.3. Direct supervision acceptable to the Board shall mean supervision overseeing the supervisee’s application of clinical counseling principles, methods or procedures to assist individuals in achieving more effective personal and social adjustment. The 1,600 hours of supervised clinical experience must be fulfilled as follows:
2.4.1.1 At least 1,500 of the 1,600 hours must be in the actual provision of face-to-face direct mental health counseling services. Of the 1,500 hours at least 750 of the hours must be individual face-to-face client sessions and must include the actual provision of direct mental health counseling services; the additional 750 hours may be individual, group, couple or family counseling services, or some combination of those services:
2.4.1.2 At least 100 hours must be face-to-face professional direct supervision with the applicant’s supervisor.
2.4.1.2.1 Individual Direct Supervision. Individual supervision shall consist of one-to-one, face-to-face meetings between the supervisor and supervisee. The entire 100 hour requirement may be fulfilled by individual supervision.
2.4.1.2.2 Group Supervision. Group supervision shall consist of face-to-face meetings between the supervisor and no more than 6 supervisees. No more than 40 hours of group supervision shall be acceptable towards fulfillment of the 100 hour direct supervision requirement.
2.4.2 Hours completed under the supervision of an individual who does not meet the requirements of subsections 2.5 - 2.5.3 will not count towards the fulfillment of the 1,500 hours of supervised experience but may count towards the fulfillment of the 1,600 hours of experience not required to be a supervised.
2.4.3 Supervision shall be verified by the “Direct Supervision Reference Form,” which must be submitted directly to the Board by the approved clinical supervisor. Each supervisor must affirm that the applicant is prepared to practice independently without reservations.
2.5 Acceptable Supervisors. Supervision provided by a Professional Counselor of Mental Health licensed in any state or U.S. territory is acceptable to the Board.
2.5.1 Supervision by a non-LPCMH may be approved by the Board if the applicant can establish that the supervision was provided by a licensed behavioral health professional with a specialty or expertise in a clinical competency essential to the applicant's training. The applicant must provide the Board a compelling clinical reason fur utilizing a non-LPCMH supervisor. Examples of potentially acceptable licensed behavioral health professionals include licensed marriage and family therapists, psychologists, licensed clinical social workers, physicians, and advanced practice registered nurses.
2.5.2 If a proposed supervisor is not a professional licensed by the Delaware Board of Professional Counselors of Mental Health and Chemical Dependency Counselors, the proposed supervisor must attest, on a form provided by the Board for this purpose, that the proposed supervisor has read and is familiar with the requirements for licensure in Delaware, including the applicable statutes, rules and regulations and that the proposed supervisor has the training to provide clinical supervision.
2.5.3 In addition to these requirements, the applicant's supervisor must:
2.5.3.1 Have been in practice for at least 2 years post-licensure without having been subject to any disciplinary actions;
2.5.3.2 Have obtained a minimum of 3 hours of CEs in clinical supervision within 2 years of the application or a total of 12 CEs in clinical supervision lifetime; and
2.5.3.3 Have no more than 10 total supervisees at a time.
2.5.4 An applicant is permitted to have been supervised by more than 1 supervisor.
2.6 Licensure by Reciprocity Requirements
2.6.1 Proof of Licensure Status - The applicant shall hold an active professional counseling license in good standing from another state. Verification of licensure status shall be submitted directly to the Board by that state on the "Verification of Licensure or Certification from Another State" form.
2.6.2 Notarized Statement of Prior Licensing Jurisdictions - The applicant shall submit a notarized statement listing all licensing jurisdictions in which he/she formerly practiced and a signed "Release of Information" granting the Board permission to contact said jurisdictions for verification of disciplinary history and current status.
2.6.3 Determination of Substantial Similarity of Licensing Standards - The applicant shall submit a copy of the statute and rules of licensure from the state issuing his/her license. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the educational, experience and supervision requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant's licensing state are substantially similar to those of Delaware.
2.7 Ethics - The practice of all persons licensed as LPCMHs shall conform to the principles of the National Board for Certified Counselors’ Code of Ethics (Code). Violation of the Code shall constitute grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-3.0 Licensure for Associate Counselors of Mental Health (LACMH)
3.1 Experience. LACMH applicants must provide a written plan for acquiring the LPCMH experience requirements in conformity with subsections 2.3 – 2.4 above. The plan must be signed by the applicant’s proposed supervisor. Supervisors must be acceptable to the Board. To be acceptable to the Board, the supervisor must meet the requirements of subsections 2.5 – 2.5.3 above.
3.2 Licensees must notify the Board in writing, on the Board approved form, within 30 days if there is a change in the clinical supervision. All changes are subject to Board approval. To obtain approval contact the Board office or to the website https://www.dpr.delaware.gov to obtain the proper form.
3.3 Ethics. The practice of all persons licensed as LAMCHs shall conform to the principles of the National Board for Certified Counselors’ Code of Ethics (Code). Violation of the Code shall be grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-4.0 Licensure for Chemical Dependency Professionals (LCDP)
4.1 Licensure by Certification Requirements
4.1.1 Education. The applicant's master's degree shall be documented by an official transcript submitted directly to the Board by the degree-granting institution.
4.1.2 Experience. Counseling experience shall be defined as the accumulation of 3,200 hours in no less than 2 years, providing chemical dependency services in a professional clinical setting, including face-to-face interaction with clients and other matters directly related to the treatment of clients. Face-to-face includes both in person and live video conferencing. Supervision shall be verified by the "Supervision Reference Form," which shall be submitted directly to the Board by the approved clinical supervisor.
4.1.2.1 At least 1500 of the 1600 hours required to be supervised must be in the actual provision of face-to-face direct chemical dependency counseling services.
4.1.2.1.1 At least 750 of these 1500 hours must be individual face-to-face client sessions and must include the actual provision of direct chemical dependency counseling services.
4.1.2.1.2 The remaining 750 hours may be individual, group, couple, family counseling services, or some combination thereof.
4.1.2.1.3 At least 100 of these 1600 hours must be face-to-face professional direct supervision with the applicant’s supervisor.
4.1.2.1.3.1 Individual Direct Supervision. Individual supervision shall consist of one-to-one, face-to-face meetings between supervisor and supervisee. The entire 100 hour requirement may be fulfilled by individual supervision.
4.1.2.1.3.2 Group Supervision. Group supervision shall consist of face-to-face meetings between supervisor and no more than 8 supervisees. No more than 40 hours of group supervision shall be acceptable towards fulfillment of the 100 hour direct supervision requirement.
4.1.2.2 If a proposed supervisor is not a professional licensed by the Delaware Board of Professional Counselors of Mental Health and Chemical Dependency Counselors, the proposed supervisor must attest, on a form provided by the Board for this purpose:
4.1.2.2.1 That the proposed supervisor has read and is familiar with the requirements for licensure as a Chemical Dependency Professional in Delaware, including the applicable statute and these regulations;
4.1.2.2.2 That the proposed supervisor has read and is familiar with either the DCB or NADAAC Code of Ethics;
4.1.2.2.3 That the proposed supervisor has been a licensed professional in good standing for at least 5 years; and
4.1.2.2.4 That the proposed supervisor has been appropriately trained to provide clinical supervision.
4.1.3 Certification. To be licensed by certification an applicant must be certified by the National Association for Addictions Professionals (NAADAC) as a National Certified Addictions Counselor (NCAC) or Master Addictions Counselor (MAC), by the Delaware Certification Board (DCB Inc.) as a Certified Alcohol and Drug Counselor (CADC), or by another certifying organization acceptable to the Board.
4.1.3.1 Another certifying organization must meet all of the following criteria to be acceptable to the Board:
4.1.3.1.1 The organization shall be a national professional chemical dependency organization recognized as setting national standards of clinical competency;
4.1.3.1.2 The organization shall require the applicant to take and pass a standardized examination designed to test his understanding of the principles involved in the chemical dependency specialty for which he is being certified; and
4.1.3.1.3 The organization shall prescribe a code of ethics substantially equivalent to NAADAC’s.
4.1.3.2 At the time of initial licensure, licensees must provide evidence of active certification in good standing by an organization acceptable to the Board.
4.2 Licensure by Reciprocity Requirements
4.2.1 Licensure Status. Verification of an applicant’s possession of a current LCDP in good standing from another state, the District of Columbia, or U.S. territory must be submitted directly to the Board by that state, the District of Columbia, or U.S. territory.
4.2.2 Prior Licensing Jurisdictions. The applicant must submit a notarized statement listing all licensing jurisdictions in which he previously practiced and must submit a signed "Release of Information" granting the Board permission to contact those jurisdictions for verification of disciplinary history and current status.
4.2.3 Substantial Similarity of Licensing Standards. Applicants must submit the statute, rules, and regulations governing chemical dependency licensure requirements for the state in which they are currently licensed and through which they are seeking reciprocity. The burden of proof is on the applicant to demonstrate that the licensing standards of that state are substantially similar to Delaware’s standards. The Board will make a determination of substantially similarity based on the information presented. If applicants are actively licensed in multiple states, only 1 state’s licensure requirements need to be substantially similar for the applicant to obtain Delaware licensure by reciprocity.
4.2.4 No Substantial Similarity of Licensing Standards. Applicants from states whose licensing standards are not substantially similar to Delaware’s standards may receive reciprocal licensure if they have held their license in good standing for at least 5 years and are certified pursuant to subsection 4.1.3.
4.3 Ethics. The Board hereby adopts the current version of the National Association for Addictions Professionals (NAADAC) Code of Ethics (Code). The practice of all persons possessing an LCDP license shall conform to the principles of the Code. Violation of the Code shall constitute grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-5.0 License for Marriage and Family Therapists (LMFT)
5.1 Licensure by Examination Requirements
5.1.1 LAMFT Required.
5.1.1.1 Successful LMFT applicants must hold an active License for Associate Marriage and Family Therapists (LAMFT).
5.1.1.2 Limited Exception. Individuals who have completed the experience requirements of subsection 5.1.2 and hold an acceptable degree under subsection 6.2, may apply for an LMFT without first obtaining an LAMFT. LMFT applicants under this exception must submit documentation of their experience pursuant to the requirements of subsection 5.1.2 and their educational background pursuant to subsection 6.2. If the submitted documentation is acceptable to the Board, the applicant will receive permission to take the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) exam. If approved to take the exam, an applicant under this exception will receive an LMFT once the Board receives proof that the applicant has passed the exam. A score equal to or greater than the pass point set by the AMFTRB is required to pass the exam.
5.1.2 Experience. Applicants must provide documentation of completion of 3,200 hours of marriage and family therapy services, as defined in 24 Del.C. §3051(d), over a period of no less than 2 but no more than 4 consecutive years.
5.1.2.1 Of the required 3,200 hours total experience, 1,600 hours must have been completed under the supervision of an individual who meets the requirements of subsection 6.3.1. The 1,600 hours of supervised experience must be fulfilled as follows:
5.1.2.1.1 500 hours of couple and family therapy;
5.1.2.1.2 500 hours of individual therapy;
5.1.2.1.3 500 hours of couple and family or individual therapy or some combination of the 2; and
5.1.2.1.4 100 hours of face-to-face clinical supervision with the applicant's supervisor.
5.1.2.2 Hours completed under the supervision of an individual who does not meet the requirements of subsection 6.3.1 will not count toward fulfillment of the required 1,600 hours of supervised experience but may count toward fulfillment of the 1,600 hours of experience not required to be supervised.
5.2 Licensure by Reciprocity Requirements
5.2.1 Licensure Status. Verification of an applicant's possession of a current marriage and family therapy license in good standing from another state, the District of Columbia, or U.S. territory must be submitted directly to the Board by that state, the District of Columbia, or U.S. territory.
5.2.2 Prior Licensing Jurisdictions. Applicants must submit a notarized statement listing all licensing jurisdictions in which they previously practiced and a signed "Release of Information" granting the Board permission to contact those jurisdictions for verification of disciplinary history and current status.
5.2.3 Substantial Similarity of Licensing Standards. Applicants must submit the statute, rules, and regulations governing marriage and family therapy licensure for the state in which they are currently licensed and through which they are seeking reciprocity. The burden of proof is on the applicant to demonstrate that the licensing standards of that state are substantially similar to Delaware's standards. The Board will make a determination of substantial similarity based on the information presented.
5.2.4 No Substantial Similarity of Licensing Standards. Applicants from states whose licensing standards are not substantially similar to Delaware's standards may receive reciprocal licensure if they have held their license in good standing for at least 5 years and have passed the AMFTRB exam.
5.3 Ethics - The Board hereby adopts the current version of the American Association for Marriage and Family Therapy (AAMFT) Code of Ethics ("Code"). The practice of all persons possessing an LMFT or LAMFT shall conform to the principles of the Code. Violation of the Code shall constitute grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-6.0 Licensure for Associate Marriage and Family Therapists (LAMFT)
6.1 Examination. Successful LAMFT applicants must pass the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) exam. No LAMFT applicant may take the exam without prior approval of the Board. Board approval is based on fulfillment of the requirements in regulation 6.2 (proof of acceptable education) and regulation 6.3 (submission of a plan to acquire the requisite experience). LAMFT applicants must fulfill those requirements to receive permission to take the exam. If approved to take the exam, an applicant will receive an LAMFT once the Board receives proof that the applicant has passed the exam. A score equal to or greater than the pass point set by the AMFTRB is required to pass the exam.
6.2 Education. An applicant's education must be documented by an official transcript submitted directly to the Board by the degree-granting institution.
6.2.1 All successful applicants must possess either:
6.2.1.1 A graduate degree in marriage and family therapy (MFT) from a graduate program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE),
6.2.1.2 A graduate degree in marriage and family therapy from a non-COAMFTE accredited graduate program acceptable to the Board, or
6.2.1.3 A graduate degree from a nationally accredited college or university in an allied field which is acceptable to the Board. Acceptable allied fields are limited to: counseling, social work, psychology, and psychiatry.
6.2.2 To be acceptable to the Board, a graduate degree under regulations 6.2.1.2 or 6.2.1.3 above must be based on at least 45 credit hours which must include the following:
6.2.2.1 Applicants who do not graduate from a COAMFTE Accredited MFT program should have coursework that matches the following coursework, content, and credit hours.
6.2.2.1.1 Foundations of Relational/Systemic Practice, Theories & Models (Minimum of 6 semester credits/8 quarter credits/90 clock hours) These courses facilitate students developing competencies in the foundations and critical epistemological issues of MFTs. It includes the historical development of the relational/systemic perspective and contemporary conceptual foundations of MFTs, and early and contemporary models of MFT, including evidence-based practice and the biopsychosocial perspective.
6.2.2.1.2 Systemic/Relational Assessment & Mental Health Diagnosis and Treatment (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in traditional psycho-diagnostic categories, psychopharmacology, the assessment, diagnosis, and treatment of major mental health issues as well as a wide variety of common presenting problems including addiction, suicide, trauma, abuse, intra-familial violence, and therapy for individuals, couples, and families managing acute chronic medical conditions, utilizing a relational/systemic philosophy.
6.2.2.1.3 Biopsychosocial Health & Development Across the Life Span (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course addresses individual and family development, human sexuality, and biopsychosocial health across the lifespan.
6.2.2.1.4 Diverse, Multicultural and/or Underserved Communities (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in understanding and applying knowledge of diversity, power, privilege and oppression as these relate to race, age, gender, ethnicity, sexual orientation, gender identity, socioeconomic status, disability, health status, religious, spiritual and/or beliefs, nation of origin or other relevant social categories throughout the curriculum. It includes practice with diverse, international, multicultural, marginalized, and/or underserved communities, including developing competencies in working with sexual and gender minorities and their families as well as anti-racist practices.
6.2.2.1.5 Clinical Treatment with Individuals, Couples and Families (Minimum of 6 Credits/8 quarter credits/90 clock hours) These courses facilitates students developing competencies in treatment approaches specifically designed for use with a wide range of diverse individuals, couples, and families, including sex therapy, same-sex couples, working with young children, adolescents and elderly, interfaith couples, and includes a focus on evidence-based practice. Programs must include content on crisis intervention.
6.2.2.1.6 Professional Identity, Law, Ethics & Social Responsibility (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course addresses the development of a MFT Identity and socialization, and facilitates students developing competencies in ethics in MFT practice, including understanding and applying the AAMFT Code of Ethics and understanding legal responsibilities.
6.2.2.1.7 Research & Evaluation (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in MFT research and evaluation methods, and in evidence-based practice, including becoming an informed consumer of couple, marriage, and family therapy research. If the program’s mission, goals, and outcomes include preparing students for doctoral degree programs, the program must include an increased emphasis on research.
6.2.2.1.8 Contemporary Issues (Must be covered in curriculum, but there is no minimum credit requirement). These courses facilitate students developing competencies in practice within defined contexts (e.g., healthcare settings, schools, military settings, private practice) and/or nontraditional MFT professional practice using therapeutic competencies congruent with the program’s mission, goals, and outcomes (e.g., community advocacy, psycho-educational groups). It also addresses developing competency in multidisciplinary collaboration.
6.2.2.1.9 Community Intersections & Collaboration (Must be covered in curriculum, but there is no minimum credit requirement). These courses area facilitate students developing competencies in emerging and evolving contemporary challenges, problems, and/or recent developments at the interface of Couple or Marriage and Family Therapy knowledge and practice, and the broader local, regional, and global context. This includes such issues as immigration, technology, same-sex marriage, violence in schools, etc.
6.2.2.1.10 Clinical Supervised Experience in marriage and family therapy (minimum of 9 credit hours/12 quarter hours/105 clock hours)
6.2.2.2 Nine credit hours earned by serving an internship. The internship must have included at least 300 hours of direct client counseling, 150 hours of which must have been spent on couples and family therapy.
6.2.2.3 Six credit hours in electives.
6.3 Experience. LAMFT applicants must provide a written plan for acquiring the LMFT experience requirements contained in subsection 5.1.2 above. The plan must be signed by the applicant's proposed supervisor. Supervisors must be acceptable to the Board.
6.3.1 To be acceptable to the Board, a supervisor must be either:
6.3.1.1 A Delaware-licensed marriage and family therapist,
6.3.1.2 An individual holding the “approved supervisor” designation from the American Association for Marriage and Family Therapy (AAMFT),
6.3.1.3 A candidate for the AAMFT “approved supervisor” designation who is acceptable to the Board,
6.3.1.4 A licensed marriage and family therapist from another state who has held a license in good standing for a minimum of 5 years in that state and has passed the AMFTRB exam, or
6.3.1.5 Supervision by a non-LMFT may be approved by the Board if the applicant can establish that the supervision was provided by a licensed behavioral health professional with a specialty or expertise in a clinical competency essential to the applicant’s training. The applicant must provide the Board a compelling clinical reason fur utilizing a non-LMFT supervisor. Examples of potentially acceptable licensed behavioral health professionals include licensed marriage and family therapists, psychologists, licensed clinical social workers, physicians, and advanced practice registered nurses.
6.3.2 Licensees must notify the Board in writing, on the Board-approved form, within 30 days if their supervisor changes. Any supervisor must meet the requirements in 6.3.1. All changes are subject to Board approval. Contact the Board office or website for the proper form.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-7.0 Licensure for Professional Art Therapists
7.1 Graduate Transcript. The applicant's masters or doctoral degree in art therapy shall be documented by an official transcript submitted directly to the Board by the accredited educational institution granting the degree. In cases where an applicant's master's degree required remediation by the certifying organization the completion date of remediation courses shall be considered the conferment date of the degree of record for all matters before the Board. Applicants who did not obtain a degree in art therapy must have obtained a degree which encompasses the following 9 areas: history of art therapy; theory of art therapy; techniques of practice in art therapy; application of art therapy with people in different treatment settings; art therapy assessment; ethical and legal issues of art therapy practice; matters of cultural and social diversity bearing on the practice of art therapy; standards of good art therapy practice; and group art therapy.
7.2 All applicants must have passed the board examination of the Art Therapy Credentials Board (ATCB).
7.3 Supervised Experience. All applicants must provide documentation of 3,200 hours of supervised art therapy acceptable to the Board obtained over a period of not less than 2 years and not more than 4 years, at least 1,600 hours of which shall be supervised clinical experience acceptable to the Board. In order to be acceptable to the Board, the supervision must involve the provision of face-to-face art therapy services with clients and other matters directly related to the treatment of clients. Face-to-face includes both in person and live video conferencing. Art teaching is not considered art therapy and cannot be used toward the supervised experience.
7.4 Required Supervision Hours. Applicants must provide documentation of completion of 3,200 hours of art therapy over a period of no more than 4 consecutive years.
7.4.1 Of the required 3,200 hours of total experience, 1,600 hours must have been completed under the professional direct supervision of an individual who meets the requirements of subsections 7.7 - 7.5.5. The 1,600 hours of supervised clinical experience must be fulfilled as follows:
7.4.1.1 At least 1,500 of the 1,600 hours must be in the provision of face-to-face direct art therapy services. Of the 1,500 hours at least 750 of the hours must be individual face-to-face client sessions and must include the provision of direct art therapy services; the additional 750 hours may be individual, group, couple or family counseling services, or some combination of those services:
7.4.1.2 At least 100 hours of face-to-face professional direct supervision with the applicant's supervisor.
7.4.1.2.1 Individual Direct Supervision. Individual supervision shall consist of one-to-one, face-to-face meetings between the supervisor and supervisee. The entire 100 hour requirement may be fulfilled by individual supervision.
7.4.1.2.2 Group Supervision. Group supervision shall consist of face-to-face meetings between the supervisor and no more than 6 supervisees. No more than 40 hours of group supervision shall be acceptable towards fulfillment of the 100 hour direct supervision requirement.
7.4.2 Hours completed under the supervision of an individual who does not meet the requirements of these regulations will not count towards the fulfillment of the 1,500 hours of supervised experience but may count towards the fulfillment of the 1,600 hours of experience not required to be a supervised.
7.5 Acceptable Supervisors
7.5.1 To be acceptable to the Board, a supervisor must be either:
7.5.1.1 A Professional Art Therapist licensed in any state or U.S. territory; or
7.5.1.2 An individual holding either the Registered and Board Certified Art Therapist, or Art Therapy Certified Supervisor credential from the Art Therapy Credentials Board.
7.5.2 Supervision by an individual not listed above may be approved by the Board if the applicant can establish that the supervision was provided by a licensed behavioral health professional with a specialty or expertise in a clinical competency essential to the applicant's training. The applicant must provide the Board a compelling clinical reason for utilizing an individual not listed above. Examples of potentially acceptable licensed behavioral health professionals include licensed marriage and family therapists, licensed professional counselors of mental health, psychologists, licensed clinical social workers, physicians, and advanced practice registered nurses.
7.5.3 If a proposed supervisor is not a professional licensed by the Delaware Board of Professional Counselors of Mental Health and Chemical Dependency Counselors, the proposed supervisor must attest, on a form provided by the Board for this purpose, that the proposed supervisor has read and is familiar with the requirements for licensure in Delaware, including the applicable statutes, rules and regulations and that the proposed supervisor has the training to provide clinical supervision.
7.5.4 In addition to these requirements, the applicant's supervisor must:
7.5.4.1 If licensed in another state or jurisdiction, have been in practice for at least 2 years post-licensure without having been subject to any disciplinary actions;
7.5.4.2 Have no more than 10 total supervisees at a time.
7.5.5 An applicant is permitted to have been supervised by more than 1 supervisor.
7.6 Licensure by Reciprocity Requirements
7.6.1 Proof of Licensure Status - The applicant shall hold an active art therapy license in good standing from another state. Verification of licensure status shall be submitted directly to the Board by that state on the "Verification of Licensure or Certification from Another State" form.
7.6.2 Determination of Substantial Similarity of Licensing Standards - The applicant shall submit a copy of the statute and rules of licensure from the state issuing his/her license. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the educational, experience and supervision requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant's licensing state are substantially similar to those of Delaware.
7.7 Ethics. The practice of all persons licensed as Art Therapists shall conform to the principles of the ATCB Code of Ethics, Conduct, and Disciplinary Procedures. Violation of the Code shall constitute grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-8.0 Licensure for Associate Art Therapists (LAAT)
8.1 Experience. LAAT applicants must provide a written plan for acquiring the LAAT experience requirements contained in subsections 7.3 – 7.4 above. The plan must be signed by the applicant’s proposed supervisor. Supervisors must be acceptable to the Board.
8.1.1 To be acceptable to the Board, the supervisor must meet the requirements of subsections 7.5 – 7.5.4.2 above.
8.2 Licensees must notify the Board in writing, on the Board approved form, within 30 days if there is a change in the clinical supervision. All changes are subject to Board approval. To obtain approval contact the Board office or to the website https://www.dpr.delaware.gov to obtain the proper form.
8.3 Ethics. The practice of all persons licensed as Art Therapists shall conform to the principles of the ATCB Code of Ethics, Conduct, and Disciplinary Procedures. Violation of the Code shall constitute grounds for discipline.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-9.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
9.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
9.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
9.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
9.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
9.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 10.8 of this section.
9.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
9.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
9.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
9.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
9.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
9.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
9.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
9.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
9.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
9.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
9.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
9.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
9.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-10.0 Crimes substantially related to the provision of mental health counseling and chemical dependency counseling:
10.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the provision of mental health counseling and chemical dependency counseling in the State of Delaware without regard to the place of conviction:
10.1.1 Menacing. 11 Del.C. §602(a).
10.1.2 Aggravated menacing. 11 Del.C. §602(b).
10.1.3 Reckless endangering in the first degree. 11 Del.C. §604
10.1.4 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
10.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
10.1.6 Assault in the third degree. 11 Del.C. §611.
10.1.7 Assault in the second degree. 11 Del.C. §612.
10.1.8 Assault in the first degree. 11 Del.C. §613.
10.1.9 Abuse of a sports official; felony. 11 Del.C. §614.
10.1.10 Assault by abuse or neglect. 11 Del.C. §615.
10.1.11 Terroristic threatening. 11 Del.C. §621(a) and (b).
10.1.12 Unlawfully administering drugs. 11 Del.C. §625.
10.1.13 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
10.1.14 Criminally negligent homicide. 11 Del.C. §631.
10.1.15 Manslaughter. 11 Del.C. §632.
10.1.16 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
10.1.17 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
10.1.18 Murder in the second degree. 11 Del.C. §635.
10.1.19 Murder in the first degree. 11 Del.C. §636.
10.1.20 Promoting suicide. 11 Del.C. §645.
10.1.21 Sexual harassment. 11 Del.C. §763.
10.1.22 Indecent exposure in the second degree. 11 Del.C. §764.
10.1.23 Indecent exposure in the first degree. 11 Del.C. §765.
10.1.24 Incest. 11 Del.C. §766.
10.1.25 Unlawful sexual contact in the third degree. 11 Del.C. §767.
10.1.26 Unlawful sexual contact in the second degree. 11 Del.C. §768.
10.1.27 Unlawful sexual contact in the first degree. 11 Del.C. §769.
10.1.28 Rape in the fourth degree. 11 Del.C. §770.
10.1.29 Rape in the third degree. 11 Del.C. §771.
10.1.30 Rape in the second degree. 11 Del.C. §772.
10.1.31 Rape in the first degree. 11 Del.C. §773.
10.1.32 Sexual extortion. 11 Del.C. §776.
10.1.33 Continuous sexual abuse of a child. 11 Del.C. §778.
10.1.34 Dangerous crime against a child. 11 Del.C. §779.
10.1.35 Female genital mutilation. 11 Del.C. §780.
10.1.36 Unlawful imprisonment in the second degree. 11 Del.C. §781.
10.1.37 Unlawful imprisonment in the first degree. 11 Del.C. §782.
10.1.38 Kidnapping in the second degree. 11 Del.C. §783.
10.1.39 Kidnapping in the first degree. 11 Del.C. §783A.
10.1.40 Arson in the third degree. 11 Del.C. §801.
10.1.41 Arson in the second degree. 11 Del.C. §802.
10.1.42 Arson in the first degree. 11 Del.C. §803.
10.1.43 Cross or religious symbol burning. 11 Del.C. §805.
10.1.44 Trespassing with intent to peer or peep into a window of another. 11 Del.C. §820.
10.1.45 Burglary in the third degree. 11 Del.C. §824.
10.1.46 Burglary in the second degree. 11 Del.C. §825.
10.1.47 Burglary in the first degree. 11 Del.C. §826.
10.1.48 Robbery in the second degree. 11 Del.C. §831.
10.1.49 Robbery in the first degree. 11 Del.C. §832.
10.1.50 Carjacking in the second degree. 11 Del.C. §835.
10.1.51 Carjacking in the first degree. 11 Del.C. §836.
10.1.52 Theft; felony. 11 Del.C. §841.
10.1.53 Theft; false pretense. 11 Del.C. §843.
10.1.54 Theft; false promise. 11 Del.C. §844.
10.1.55 Extortion. 11 Del.C. §846.
10.1.56 Theft of rented property; felony. 11 Del.C. §849.
10.1.57 Receiving stolen property. 11 Del.C. §851
10.1.58 Identity theft. 11 Del.C. §854.
10.1.59 Forgery. 11 Del.C. §861.
10.1.60 Possession of forgery devices. 11 Del.C. §862.
10.1.61 Falsifying business records. 11 Del.C. §871.
10.1.62 Tampering with public records in the first degree. 11 Del.C. §876.
10.1.63 Offering a false instrument for filing. 11 Del.C. §877.
10.1.64 Issuing a false certificate. 11 Del.C. §878.
10.1.65 Bribery. 11 Del.C. §881.
10.1.66 Bribe receiving. 11 Del.C. §882.
10.1.67 Defrauding secured creditors. 11 Del.C. §891.
10.1.68 Fraud in insolvency. 11 Del.C. §892.
10.1.69 Issuing a bad check; felony. 11 Del.C. §900.
10.1.70 Unlawful use of credit card; felony. 11 Del.C. §903.
10.1.71 Reencoder and scanning devices. 11 Del.C. §903A.
10.1.72 Criminal impersonation. 11 Del.C. §907.
10.1.73 Criminal impersonation, accident related. 11 Del.C. §907A.
10.1.74 Criminal impersonation of a police officer. 11 Del.C. §907B.
10.1.75 Unlawfully concealing a will. 11 Del.C. §908.
10.1.76 Securing execution of documents by deception. 11 Del.C. §909.
10.1.77 Fraudulent conveyance of public lands. 11 Del.C. §911.
10.1.78 Fraudulent receipt of public lands. 11 Del.C. §912.
10.1.79 Insurance fraud. 11 Del.C. §913.
10.1.80 Health care fraud. 11 Del.C. §913A.
10.1.81 Misuse of computer system information. 11 Del.C. §935.
10.1.82 Dealing in children. 11 Del.C. §1100.
10.1.83 Abandonment of child. 11 Del.C. §1101.
10.1.84 Endangering the welfare of a child. 11 Del.C. §1102.
10.1.85 Endangering the welfare of an incompetent person. 11 Del.C. §1105.
10.1.86 Unlawfully dealing with a child. 11 Del.C. §1106.
10.1.87 Sexual exploitation of a child. 11 Del.C. §1108.
10.1.88 Unlawfully dealing in child pornography. 11 Del.C. §1109.
10.1.89 Possession of child pornography. 11 Del.C. §1111.
10.1.90 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
10.1.91 Sexual solicitation of a child. 11 Del.C. §1112A.
10.1.92 Criminal non-support and aggravated criminal non-support. 11 Del.C. §1113.
10.1.93 Bribery. 11 Del.C. §1201
10.1.94 Receiving a bribe; felony. 11 Del.C. §1203.
10.1.95 Improper influence. 11 Del.C. §1207.
10.1.96 Perjury in the second degree. 11 Del.C. §1353.
10.1.97 Perjury in the first degree. 11 Del.C. §1223.
10.1.98 Making a false written statement. 11 Del.C. §1233.
10.1.99 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
10.1.100 Hindering prosecution. 11 Del.C. §1244.
10.1.101 Compounding a crime. 11 Del.C. §1246.
10.1.102 Abetting the violation of driver's license restrictions; felony. 11 Del.C. §1249.
10.1.103 Escape after conviction. 11 Del.C. §1253.
10.1.104 Assault in a detention facility. 11 Del.C. §1254.
10.1.105 Promoting prison contraband; felony. 11 Del.C. §1256.
10.1.106 Sexual relations in a detention facility. 11 Del.C. §1259.
10.1.107 Bribing a witness. 11 Del.C. §1261.
10.1.108 Bribe receiving by a witness. 11 Del.C. §1262.
10.1.109 Tampering with a witness. 11 Del.C. §1263.
10.1.110 Interfering with child witness. 11 Del.C. §1263A.
10.1.111 Bribing a juror. 11 Del.C. §1264.
10.1.112 Bribe receiving by a juror. 11 Del.C. §1265.
10.1.113 Tampering with a juror. 11 Del.C. §1266.
10.1.114 Tampering with physical evidence. 11 Del.C. §1269.
10.1.115 Criminal contempt of a domestic violence protective order. 11 Del.C. §1271A.
10.1.116 Riot. 11 Del.C. §1302.
10.1.117 Hate crimes. 11 Del.C. §1304.
10.1.118 Aggravated harassment. 11 Del.C. §1312.
10.1.119 Stalking. 11 Del.C. §1312A.
10.1.120 Cruelty to animals; felony. 11 Del.C. §1325.
10.1.121 Animals; fighting and baiting prohibited; felony. 11 Del.C. §1326.
10.1.122 Maintaining a dangerous animal. 11 Del.C. §1327.
10.1.123 Trading in human remains and associated funerary objects. 11 Del.C. §1333.
10.1.124 Violation of privacy. 11 Del.C. §1335.
10.1.125 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
10.1.126 Adulteration. 11 Del.C. §1339.
10.1.127 Promoting prostitution in the third degree. 11 Del.C. §1351.
10.1.128 Promoting prostitution in the second degree. 11 Del.C. §1352.
10.1.129 Promoting prostitution in the first degree. 11 Del.C. §1353.
10.1.130 Permitting prostitution. 11 Del.C. §1355.
10.1.131 Obscenity. 11 Del.C. §1361.
10.1.132 Obscene literature harmful to minors. 11 Del.C. §1365.
10.1.133 Possessing a destructive weapon. 11 Del.C. §1444.
10.1.134 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445.
10.1.135 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
10.1.136 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
10.1.137 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
10.1.138 Receiving a stolen firearm. 11 Del.C. §1450.
10.1.139 Theft of a firearm. 11 Del.C. §1451.
10.1.140 Giving a firearm to person prohibited. 11 Del.C. §1454.
10.1.141 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
10.1.142 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457.
10.1.143 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
10.1.144 Organized Crime and Racketeering. 11 Del.C. §1504.
10.1.145 Victim or Witness Intimidation. 11 Del.C. §§3532 & 3533.
10.1.146 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
10.1.147 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).
10.1.148 Drug Dealing- Aggravated Possession; class B felony. 16 Del.C. §4752.
10.1.149 Drug Dealing- Aggravated Possession; class C felony. 16 Del.C. §4753.
10.1.150 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
10.1.151 Drug Dealing- Aggravated Possession; class D felony. 16 Del.C. §4754.
10.1.152 Drug Dealing- Aggravated Possession; class E felony. 16 Del.C. §4755.
10.1.153 Drug Dealing- Aggravated Possession; class F felony. 16 Del.C. §4756.
10.1.154 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
10.1.155 Distribution to persons under 21 years of age. 16 Del.C. §4761.
10.1.156 Purchase of drugs from minors. 16 Del.C. §4761A
10.1.157 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. §4767
10.1.158 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. 16 Del.C. §4768
10.1.159 Drug paraphernalia-Manufacture and sale; delivery to a minor; felony. 16 Del.C. §§4771 and 4774.
10.1.160 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; third and fourth offenses. 23 Del.C. §2302(a) and §2305 (3) and (4).
10.1.161 Obtaining benefit under false representation. 31 Del.C. §1003.
10.1.162 Reports, statements and documents. 31 Del.C. §1004.
10.1.163 Kickback schemes and solicitations. 31 Del.C. §1005.
10.1.164 Conversion of payment. 31 Del.C. §1006.
10.1.165 Driving a vehicle while under the influence or with a prohibited alcohol content; third and fourth offenses. 21 Del.C. §4177 (3) and (4).
10.1.166 Duty of driver involved in accident resulting in injury or death to any person; felony. 21 Del.C. §4202.
10.1.167 Prohibited trade practices against infirm or elderly. 6 Del.C. §2581
10.1.168 Prohibition of intimidation [under the Fair Housing Act]; 6 Del.C. §4619
10.1.169 Auto Repair Fraud victimizing the infirm or elderly. 6 Del.C. §4909A
10.1.170 Unauthorized Acts against a Service Guide or Seeing Eye Dog 7 Del.C. §1717
10.1.171 Interception of Communications Generally; Divulging Contents of Communications. 11 Del.C. §2402.
10.1.172 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
10.1.173 Divulging Contents of Communications. 11 Del.C. §2422.
10.1.174 Attempt to Intimidate. 11 Del.C. §3534.
10.1.175 Failure of child-care provider to obtain information required under §8561 or for those providing false information; felony. 11 Del.C. §8562.
10.1.176 Providing false information when seeking employment in a public school. 6 Del.C. §8572.
10.1.177 Filing False Claim [under Victims’ Compensation Fund]. 11 Del.C. §9016.
10.1.178 Alteration, Theft or Destruction of Will. 12 Del.C. §210.
10.1.179 Failure of Physician to file report of abuse of neglect pursuant to 16 Del.C. §903.
10.1.180 Coercion or intimidation involving health-care decisions and falsification, destruction of a document to create a false impression that measures to prolong life have been authorized; felony. 16 Del.C. §2513(b).
10.1.181 [Failure to make] Reports of Persons who are Subject to Loss Consciousness. 24 Del.C. §1763.
10.1.182 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
10.2 Crimes substantially related to provision of mental health counseling and chemical dependency counseling shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-11.0 Telehealth Services
11.1 "Telehealth Services" means the practice of Mental Health Counseling, Chemical Dependency Counseling, or Marriage and Family Therapy (hereinafter referred to as Behavioral Health Practice) by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.
11.2 In order to deliver Telehealth Services one must hold a current, valid license issued by the Board.
11.3 Licensees understand that this rule does not provide licensees with authority to deliver Telehealth Services to clients domiciled in any jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the delivery of Telehealth Services set forth by other jurisdictional regulatory boards.
11.4 Licensees delivering Telehealth Services shall comply with all of the rules of professional conduct and state and federal statutes relevant to Behavioral Health Practice.
11.5 Licensees must establish and maintain current competence in the professional practice of Telehealth Services through continuing education, consultation, or other procedures, in conformance with prevailing standards of scientific and professional knowledge. Licensees must establish and maintain competence in the appropriate use of the information technologies utilized in the practice of Telehealth Services.
11.6 Licensees must recognize that Telehealth Services are not appropriate for all Behavioral Health Practice and clients, and decisions regarding the appropriate use of Telehealth Services are made on a case-by-case basis. Licensees delivering Telehealth Services are aware of additional risks incurred when engaging in Behavioral Health Practice through the use of distance communication technologies and take special care to conduct their professional practice in a manner that protects the welfare of the client and ensures that the client's welfare is paramount. Licensees delivering Telehealth Services shall:
11.6.1 Conduct a risk-benefit analysis and document findings specific to:
11.6.1.1 Whether the client's presenting problems and apparent condition are consistent with the use of Telehealth Services to the client's benefit; and
11.6.1.2 Whether the client has sufficient knowledge and skills in the use of the technology involved in rendering the service or can use a personal aid or assistive device to benefit from the service.
11.6.2 Not provide Telehealth Services to any person or persons when the outcome of the analysis required in subsections 11.6.1.1 and 11.6.1.2 of this rule is inconsistent with the delivery of Telehealth Services, whether related to clinical or technological issues.
11.6.3 Upon initial and subsequent contacts with the client, make reasonable efforts to verify the identity of the client;
11.6.4 Obtain alternative means of contacting the client;
11.6.5 Provide to the client alternative means of contacting the licensee;
11.6.6 Establish a written agreement relative to the client's access to face-to-face emergency services in the client's geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis;
11.6.7 Whenever feasible, use secure communications with clients, such as encrypted text messages via email or secure websites and obtain and document consent for the use of non-secure communications;
11.6.8 Prior to providing Telehealth Services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements, relative to:
11.6.8.1 The limitations and innovative nature of using distance technology in the provision of Behavioral Health Services;
11.6.8.2 Potential risks to confidentiality of information due to the use of distance technology;
11.6.8.3 Potential risks of sudden and unpredictable disruption of Telehealth Services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;
11.6.8.4 When and how the licensee will respond to routine electronic messages;
11.6.8.5 Under what circumstances the licensee and service recipient will use alternative means of communications under emergency circumstances;
11.6.8.6 Who else may have access to communications between the client and the licensee;
11.6.8.7 Specific methods for ensuring that a client's electronic communications are directed only to the licensee or supervisee;
11.6.8.8 How the licensee stores electronic communications exchanged with the client;
11.6.9 Ensure that confidential communications stored electronically cannot be recovered and/or accessed by unauthorized persons when the licensee disposes of electronic equipment and data.
11.7 If in the context of a face-to-face professional relationship the following are exempt from this rule:
11.7.1 Electronic communication used specific for appointment scheduling, billing, and/or the establishment of benefits and eligibility for services; and
11.7.2 Telephone or other electronic communications made for the purpose of ensuring client welfare in accord with reasonable professional judgment.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
24 Del. Admin. Code § 3000-12.0 Renewal and Continuing Education
12.1 Renewal Date – All licenses shall be renewable biennially on September 30th of even-numbered years. License renewal is accomplished online at the Division of Professional Regulation’s website.
12.2 Continuing Education (CE) Requirements for LPCMHs, LCDPs, LMFTs, and LPATs (Associate License holders are not required to complete CEs)
12.2.1 Licensees must complete at least 40 acceptable CE hours, including 3 hours of continuing education in ethics and 3 hours in cultural inclusion, equity, and diversity, during the previous licensure period in order to renew their license. CE requirements for initial licensure periods of less than 2 years shall be prorated as follows:
12.2.1.1 If the license was granted between April 1 and September 30 of an even-numbered year, the licensee must complete 0 hours of CE during the initial licensing period.
12.2.1.2 If the license was granted between October 1 of an odd-numbered year and March 31 of an even-numbered year, the licensee must complete 10 hours of CE, including 1 hour in ethics and 1 hour in cultural inclusion, equity, and diversity, during the initial licensing period.
12.2.1.3 If the license was granted between April 1 and September 30 of an odd-numbered year, the licensee must complete 20 hours of CE, including 1 hour in ethics and 1 hour in cultural inclusion, equity, and diversity, during the initial licensing period.
12.2.1.4 If the license was granted between October 1 of an even-numbered year and March 31 of an odd-numbered year, the licensee must complete 30 hours of CE, including 1 hour in ethics and 1 hour in cultural inclusion, equity, and diversity, during the initial licensing period.
12.2.2 Acceptable CE shall include the following:
12.2.2.1 CE hours approved by a national mental health organization or substance abuse treatment organization or their local affiliates, such as the National Board for Certified Counselors, Inc. (NBCC), American Association for Marriage and Family Therapy (AAMFT), the International Family Therapy Association (IFTA), NAADAC, The Delaware Certification Board, Inc. or National Association for Social Work (NASW), the Art Therapy Credentials Board (ATCB), or the American Psychological Association (APA) are acceptable, regardless of course content, and do not need to be approved by the Board.
12.2.2.2 Any activity that’s purpose is to maintain licensees' professional competence in the practice of professional mental health counseling, marriage and family therapy, chemical dependency counseling, or art therapy is acceptable and does not require Board review and approval. Examples include, but are not limited to, interactive courses, workshops, seminars and webinars.
12.2.2.2.1 Courses that do not clearly achieve this purpose require Board approval. Licensees should request Board approval in advance of attendance. Requests for approval may be submitted afterward, but there is no guarantee of approval. These hours must be documented by a course agenda, syllabus, or other brief documentation that would allow the Board to assess the appropriateness of the course content. Only licensees may request course approvals. Sponsoring organizations may not request course approvals.
12.2.2.3 Teaching academic or CE courses, presentation of original papers, or the writing of a peer-reviewed article may account for up to 20 CE hours. These hours are to be documented by an official transcript, syllabus, course or session abstract, or a copy of the published paper presented.
12.3 Hardship – The Board shall have the authority to make exceptions to the CE requirements, in its discretion, upon a showing of good cause. “Good Cause” may include, but is not necessarily limited to: disability, illness, military service, extended absence from the jurisdiction, or exceptional family responsibilities. Request for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period, along with payment of the appropriate renewal fee. A license shall be renewed upon approval of the hardship extension by the Board.
12.4 Post-Renewal Audit – Verification of CE hours shall be by attestation. Attestation shall be completed electronically. The Board will conduct random audits of renewal applications to ensure the veracity of attestations and compliance with the CE requirements. Licensees selected for the random audit shall submit CE course attendance verification in the form of a certificate signed by the course presenter or by a designated official of the sponsoring organization. Licensees shall retain their CE course attendance documentation for each licensure period. Licensees shall retain their CE course attendance documentation for at least 1 year after renewal. Licensees found to be deficient or found to have falsely attested may be subject to disciplinary proceedings and may have their license suspended or revoked. Licensees renewing during the late renewal period shall be audited.
12.5 Inactive Status
12.5.1 A request must be submitted to have a license placed on inactive status. Inactive status is effective immediately upon Board approval. The inactive status may continue for 5 years from the date of Board approval. An inactive license shall terminate at the end of the 5-year period unless the license is returned to active status before the end of the 5-year period.
12.5.2 Return to Active Status – Before the end of the then current 2-year licensure period, a license shall be returned to active status upon fulfillment of the following requirements by the licensee:
12.5.2.1 Written Request – Submit a written request to have the license returned to active status.
12.5.2.2 Continuing Education – Provide proof of completion of 40 hours of acceptable CE, including 3 hours in ethics and 3 hours in cultural inclusion, equity, and diversity, obtained within the 2-year period immediately preceding the request for return to active status.
12.5.2.3 Fee – Pay the licensure renewal fee. No late fee shall be assessed for return to active status.
History
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 16 DE Reg. 105 (07/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 1066 (02/01/08)
- 16 DE Reg. 105 (07/01/12)
- 19 DE Reg. 663 (01/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 1066 (02/01/08)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 17 DE Reg. 755 (01/01/14)
- 18 DE Reg. 900 (05/01/15)
- 18 DE Reg. 902 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1510 (04/01/12)
- 18 DE Reg. 902 (05/01/15)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 9 DE Reg. 1106 (01/01/06)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 22 DE Reg. 78 (07/01/18)
- 28 DE Reg. 467 (12/01/24)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 22 DE Reg. 78 (07/01/18)
- 4 DE Reg. 970 (12/01/00)
- 10 DE Reg. 872 (11/01/06)
- 18 DE Reg. 900 (05/01/15)
- 8 DE Reg. 1456 (04/01/05)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 20 DE Reg. 376 (11/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 4 DE Reg. 970 (12/01/00)
- 5 DE Reg. 2109 (05/01/02)
- 8 DE Reg. 1456 (04/01/05)
- 10 DE Reg. 872 (11/01/06)
- 11 DE Reg. 225 (08/01/07)
- 11 DE Reg. 1066 (02/01/08)
- 15 DE Reg. 1055 (01/01/12)
- 15 DE Reg. 1510 (04/01/12)
- 16 DE Reg. 105 (07/01/12)
- 18 DE Reg. 900 (05/01/15)
- 19 DE Reg. 663 (01/01/16)
- 19 DE Reg. 932 (04/01/16)
- 20 DE Reg. 376 (11/01/16)
- 22 DE Reg. 78 (07/01/18)
- 26 DE Reg. 771 (03/01/23)
- 28 DE Reg. 467 (12/01/24)
3300 Board of Veterinary Medicine
24 Del. Admin. Code § 3300-1.0 Supervision
(24 Del.C. §3303(10) and (11))
1.1 Supervision refers to the oversight of any person performing non-licensed support activities and/or licensed veterinary technician activities by a licensed Delaware veterinarian. Oversight includes control over the work schedule of the person performing support and/or veterinary technician activities and any remuneration the person receives for performing such activities. Oversight does not include remuneration paid directly to support personnel or veterinary technicians by the public. Supervision of veterinary technicians and support personnel is based on the following:
1.1.1 The initial examination of the animal by the veterinarian is to be performed prior to the delegation of work to be performed by support personnel. The veterinarian may, however, authorize support or veterinary technician personnel to administer emergency measures prior to the initial examination.
1.1.2 The veterinarian shall develop a treatment plan to be referenced by support and/or veterinary technician personnel.
1.1.3 The veterinarian must authorize the work to be performed by support and/or veterinary technician personnel. Whether tasks are appropriate to be delegated may differ from case to case.
1.2 At no time may support personnel perform the following activities (24 Del.C. §3303(10)):
1.2.1 Diagnosing.
1.2.2 Prognosing
1.2.3 Prescribing.
1.2.4 Inducing Anesthesia
1.2.5 Performing Surgery.
1.2.6 Administration of Rabies vaccinations.
1.2.7 Operative dentistry and oral surgery.
1.2.8 Centesis of body structures (not to include venipuncture) in other than emergency situations.
1.2.9 The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see subsection 1.5.1).
1.2.10 Splinting or casting of broken bones in other than emergency situations.
1.2.11 Euthanasia, subject to Section 2.0 of the Board’s Rules and Regulations.
1.2.12 Issue health certificates.
1.3 At no time may licensed veterinary technicians perform the following activities (24 Del.C. §3303(11):
1.3.1 Diagnosing.
1.3.2 Prognosing.
1.3.3 Prescribing.
1.3.4 Performing Surgery (excluding the tacking/suturing of intravenous and urinary catheters and nasal cannulae to skin).
1.3.5 Administration of Rabies Vaccinations.
1.3.6 Operative dentistry and oral surgery.
1.3.7 Centesis of body structures (not to include venipuncture and cystocentesis) in other than emergency situations.
1.3.8 The placement of tubes into closed body structures, such as chest tubes, in other than emergency situations (not to include urinary or IV catheters; see subsection 1.6.2).
1.3.9 Splinting or casting of broken bones in other than emergency situations.
1.3.10 Euthanasia, subject to Section 2.0 of the Board’s Rules and Regulations.
1.3.11 Issue health certificates.
1.4 Levels of Supervision. All acts by support personnel and veterinary technicians not prohibited by subsection 1.2 and subsection 1.3 which constitute the practice of veterinary medicine under 24 Del.C. §3302(6) must be performed under the supervision of a licensed veterinarian(s). Levels of supervision are to include:
1.4.1 Immediate Supervision - A licensed veterinarian is within direct eyesight and/or hearing range.
1.4.2 Direct Supervision - A licensed veterinarian is physically present on the premises and is readily available.
1.4.3 Indirect Supervision - A licensed veterinarian is not on the premises but is able to perform the duties of a veterinarian by maintaining communication with and is accessible to support personnel, such as by electronic means.
1.5 If the veterinarian concludes based on the initial examination (required by subsection 1.1.1) that delegation is appropriate, support personnel may perform the following tasks only under the following supervision:
1.5.1 Immediate supervision: intubation, urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone.
1.5.2 Direct supervision: anesthesia maintenance and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.
1.6 If the veterinarian concludes based on the initial examination (required by subsection 1.1.1) that delegation is appropriate, veterinary technicians may perform the following tasks only under the following supervision:
1.6.1 Immediate supervision: induction of anesthesia.
1.6.2 Direct supervision: intubation, anesthesia maintenance; arterial catheterization; urethral catheterization (except in the case of known urinary blockage or pre-existing urethral or urinary bladder disease); cystocentesis; dental extractions with no periosteal elevation, no sectioning of tooth and no resectioning of bone; and dental procedures including, but not limited to, removal of calculus, soft deposits, plaque and stains, smoothing, filing, polishing of teeth.
1.7 Veterinarians (24 Del.C. §3315(a)) and veterinary technicians (24 Del.C. §3320(a)) who are temporarily licensed shall be under the direct supervision of a licensed veterinarian.
1.8 Activities that may be performed under emergency conditions. Under conditions of emergencies, the following activities, which would be otherwise prohibited in the absence of veterinary supervision, may be performed by veterinary technicians or support personnel prior to the veterinarian’s initial examination:
1.8.1 application of tourniquets and/or pressure bandages to control hemorrhage,
1.8.2 administration of pharmacological agents, only to be performed after communication with a veterinarian authorized to practice in Delaware, and such veterinarian is either present or enroute to the distressed animal,
1.8.3 administration of parenteral fluids,
1.8.4 resuscitative procedures,
1.8.5 application of temporary splints or bandages to prevent further injury to bones or soft tissues,
1.8.6 application of appropriate wound dressings and external supportive treatment in severe wound and burn cases,
1.8.7 external supportive treatment in heat prostration cases,
1.8.8 and any other reasonable treatments necessary to an animal’s welfare in an emergency situation.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-2.0 Animals Held in Shelter
(16 Del.C. Ch. 30F)
2.1 Nothwithstanding the provisions set forth in the Board’s Practice Act, Chapter 33 of Title 24 of the Delaware Code, and the Board’s Rules and Regulations, the care and euthanasia of animals held in shelter is governed by Chapter 30F of Title 16 of the Delaware Code and the regulations promulgated thereunder, 16 DE Admin. Code 4501.
2.2 Euthanasia (16 Del.C. §3004F(a)(4); 16 DE Admin. Code 4501, Section 10.0)
2.2.1 Notwithstanding Section 1.0 of the Board’s Rules and Regulations, specifically subsections 1.2.11 and 1.3.10, euthanasia of animals held in shelter shall be performed by:
2.2.1.1 A licensed veterinarian;
2.2.1.2 A nationally certified euthanasia technician;
2.2.1.3 A licensed veterinary technician; or
2.2.1.4 A person certified by a licensed veterinarian as proficient to perform euthanasia (a certified euthanasia technician), after completion of the requirements in 16 DE Admin. Code 4501, Section 3.0.
2.2.2 A certified euthanasia technician is only permitted to perform euthanasia on shelter animals within the animal shelter of which they are employed,
2.2.3 No one other than the shelter veterinarian or consulting veterinarian may perform euthanasia on privately owned animals.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-3.0 Unprofessional Conduct for Veterinarians
(24 Del.C. §3313(a)(1))
3.1 Unprofessional conduct in the practice of veterinary medicine shall include, but not be limited to, the following;
3.1.1 Allowing support personnel to perform the acts forbidden under subsection 1.2 or allowing licensed veterinary technicians to perform the acts forbidden under subsection 1.3 of the Rules and Regulations, subject to Section 2.0.
3.1.2 Allowing support personnel to perform tasks in subsection 1.5 of the Rules and Regulations without the specified supervision or allowing veterinary technicians to perform the tasks in subsection 1.6 without the specified supervision.
3.1.3 Failing to be accessible to support or veterinary technician personnel by electronic means in a reasonable timeframe to provide off-site supervision for activities requiring indirect supervision as required by subsection 1.4 of the Rules and Regulations.
3.1.4 Failing to arrange for supervision by another licensed veterinarian when not able to provide supervision as required by subsection 1.4 of the Rules and Regulations.
3.1.5 Representation of conflicting interests except by express consent of all concerned. A licensee represents conflicting interests if while employed by a buyer to inspect an animal for soundness he or she accepts a fee from the seller. Acceptance of a fee from both the buyer and the seller is prima facie evidence of fraud.
3.1.6 Use by a veterinarian of any certificate, college degree, license, or title to which he or she is not entitled.
3.1.7 Intentionally performing or prescribing treatment, which the veterinarian knows to be unnecessary, for financial gain.
3.1.8 Placement of professional knowledge, attainments, or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.
3.1.9 Destruction of any part of a patient's records before a minimum of three (3) years have elapsed from the last entry in the medical record shall be considered unprofessional conduct. Records are to include, but are not limited to, information such as written or electronic documentation, rabies records, radiographs, ultrasounds, laboratory, and histopathological results.
3.1.10 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.
3.1.10.1 Animal housing (such as cages, shelters, pens and runs) should be designed with maintaining the animal in a state of relative thermal neutrality, avoiding unnecessary physical restraint, and providing sanitary conditions and convenient access to appropriate food and water. If animals are group housed, they should be maintained in compatible groups without overcrowding.
3.1.10.2 Housing should be kept in good repair to prevent injury to the animal.
3.1.10.3 Precautions should be taken to prevent the spread of communicable diseases in housing animals.
3.1.11 Improper labeling of prescription drugs. The package or label must contain the following information, either typed or in legible handwriting:
3.1.11.1 Name and address of the prescribing veterinarian;
3.1.11.2 Patient's first name and owner's last name;
3.1.11.3 Name, strength and quantity of the drug, and date dispensed;
3.1.11.4 Specific usage directions, describing the exact method by which the drug must be administered. A prescription without specific directions, or a prescription bearing the notation "as directed" without specific directions, may not be prepared or dispensed.
3.1.12 Failure to make childproof packaging available for prescription drugs upon the request of a client.
3.1.13 Misrepresenting continuing education hours to the Board.
3.1.14 Failure to obey a disciplinary order of the Board.
3.1.15 Prescribing medication without examining the animal(s) within a period of one year.
3.1.16 Advertising an emergency hospital or clinic or emergency services without including in the advertisement the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency services, or failing to provide such services during the hours advertised. The availability of the veterinarian who is to provide emergency service shall be specified as either “veterinarian on premises” or “veterinarian on call.” The phrase “veterinarian on call” shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency services and has been designated to so respond.
3.1.17 Failure to disclose common side effects upon request. Upon request of the client, directed to the veterinarian, the veterinarian shall disclose the common side effects of medications prescribed by the veterinarian. Such disclosure may be made verbally or in written or electronic format.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-4.0 Privileged Communications
(24 Del.C. §3316(a)(7))
4.1 Privileged Communications.
Veterinarians must protect the personal privacy of patients and clients by not willfully revealing privileged communications regarding the diagnosis and treatment of an animal.
The following are not considered privileged communications:
4.1.1 The sharing of veterinary medical information regarding the diagnosis and treatment of an animal when required by law, subpoena, or court order or when it becomes necessary to protect the health and welfare of other individuals or animals.
4.1.2 The sharing of veterinary medical information between veterinarians or facilities for the purpose of diagnosis or treatment of animals.
4.1.3 The sharing of veterinary medical information between veterinarians and peace officers, humane society officers, or animal control officers who are acting to protect the welfare of individuals or animals.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-5.0 Veterinary Premises & Equipment
(24 Del.C. §3313(9))
5.1 The animal facility shall be kept clean. A regular schedule of sanitary maintenance is necessary, including the elimination of wastes.
5.2 Animal rooms, corridors, storage areas, and other parts of the animal facility shall be washed, scrubbed, vacuumed, mopped, or swept as often as necessary, using appropriate detergents and disinfectants to keep them free of dirt, debris, and harmful contamination.
5.3 Animal cages, racks, and accessory equipment, such as feeders and water utensils, shall be washed and sanitized as often as necessary to keep them physically clean and free from contamination. In addition, cages should always be sanitized before new animals are placed in them. Sanitizing may be accomplished either by washing all soiled surfaces with a cleaning agent having an effective bactericidal action or with live steam or the equivalent thereof.
5.4 Cages or pens from which animal waste is removed by hosing or flushing shall be cleaned and suitably disinfected one or more times daily. Animals should be removed from cages during servicing in order to keep the animals dry.
5.5 If litter or bedding such as paper is used in animal cages or pens, it shall be changed as often as necessary to keep the animals clean.
5.6 Waste disposal must be carried out in accordance with good public health practice and federal and state regulations. Waste materials should be removed regularly and frequently so that storage of waste does not create a nuisance.
5.7 Biomedical waste such as culture plates, tubes, contaminated sponges, swabs, biologicals, needles, syringes, and blades, must be disposed of according to federal and state guidelines. Before disposing of blood soiled articles, they shall be placed in a leak-proof disposable container such as a plastic sack or a plastic-lined bag.
5.8 Proper refrigeration and sterilization equipment should be available.
5.9 Adequate safety precautions must be used in disposing animal carcasses and tissue specimens. An animal carcass shall be disposed of promptly according to federal and state law and regulations. If prompt disposal of an animal carcass is not possible, it shall be contained in a freezer or stored in a sanitary, non-offensive manner until such time as it can be disposed. Livestock shall be disposed of by any acceptable agricultural method.
5.10 The elimination or effective control of vermin shall be mandatory.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-6.0 Qualification For Veterinary Licensure By Examination
(24 Del.C. §3313) and by Reciprocity (4 Del.C. §3314)
6.1 The applicant shall file the following documents:
6.1.1 Completed application form obtained from the Board office.
6.1.2 Official transcript from an AVMA approved veterinary college or university. If an applicant is not a graduate of an AVMA-accredited veterinary school or college, the applicant must possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG), or its successor, a certificate issued by the Program for the Assessment of Veterinary Education Equivalence (PAVE), or its successor, or a Certificate of Qualification issued by the Canadian Veterinary Medical Association, or its successor.
6.1.3 Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed.
6.1.4 North American Veterinary Licensing Examination (NAVLE) score or its successor or both the official National Board Examination (NBE) and Clinical Competency Test (CCT) scores, unless the reciprocity applicant meets the statutory exemptions in 24 Del.C. §3309.
6.1.4.1 An applicant who fails to make application within the two (2) year period immediately following successful completion of the examination(s) shall submit proof of completion of thirty-six (36) hours of continuing education completed within 3 years prior to making application.
6.1.5 Check or money order for the amount established by the Division of Professional Regulation. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the “State of Delaware.”
6.2 Only completed application forms will be accepted. Any information provided to the Board is subject to verification.
6.3 Applications for any licensure submitted by final year veterinary students enrolled in an AVMA accredited university for the purpose of taking the NAVLE exam will be considered complete only upon proof of the applicant’s graduation. Such applicants must demonstrate probability of graduation and will not be considered for any licensure until proof of graduation is submitted to the Board.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-7.0 Character Of Examination for Veterinarians- North American Veterinary Licensing Examination (NAVLE)
(24 Del.C. §3306)
7.1 Examination for licensure to practice veterinary medicine in the State of Delaware shall consist of the North American Veterinary Licensing Examination (NAVLE) or its successor.
7.1.1 The passing score for the NAVLE shall be the score as recommended by the National Board of Veterinary Medical Examiners or its successor.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-8.0 Reciprocity for Veterinarians
(24 Del.C. §3314)
Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the application requirements set forth in 24 Del.C. §3314.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-9.0 Licensure - Renewal, Reinstatement and Inactive Status
(24 Del.C. §3309)
9.1 Licenses shall expire biennially on every odd numbered year. License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
9.1.1 the applicable fee, and
9.1.2 attestation of completion of continuing education courses required by Section 10.0.
9.2 Continuing education requirements for renewal are specified in Section 10.0 for veterinarians and Section 15.0 for veterinary technicians.
9.3 The failure of the Board to give, or the failure of the licensee to receive, notice of the expiration date of a license shall not prevent the license from becoming invalid after its expiration date.
9.4 Any licensee who fails to renew his/her license by the license expiration date may still renew his/her license during the one (1) year period immediately following the license expiration date provided the licensee pay a late fee established by the Division of Professional Regulation in addition to the established renewal fee and attest to completing the continuing education requirements for renewal as specified in Section 10.0 for veterinarians and Section 15.0 for veterinary technicians.
9.5 Any licensee who fails to renew his/her license within the one (1) year period immediately following the license expiration date may reinstate his/her license provided the licensee pays a reinstatement fee established by the Division of Professional Regulation and attests to completing the continuing education requirements for reinstatement as specified in subsection 10.2 for veterinarians and subsection 15.2 for veterinary technicians.
9.6 A licensee who is not actively practicing in this State may request to have his/her license placed on inactive status. Subsequent requests for extension of the period of inactive status shall be submitted in writing, with the inactive status renewal fee, to coincide with the biennial licensure renewal. A licensee may reactivate his/her license provided the licensee pays a reactivation fee established by the Division of Professional Regulation and attests to completing the continuing education requirements for reactivation as specified in subsection 10.3 for veterinarians and subsection 15.3 for veterinary technicians.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-10.0 Continuing Education for Veterinarians
(24 Del.C. §3309(b))
10.1 Any veterinarian actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.
10.1.1 Twenty-four (24) hours of approved certified continuing education credits must be completed for the immediate two year period preceding each biennial license renewal date.
10.1.1.1 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of subsection 10.1.1.
10.1.1.2 Attestation shall be completed electronically.
10.1.1.3 Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in subsection 10.1.1.4.
10.1.1.4 A log of CE on a form approved by the Board shall be maintained during the licensure period to be submitted if the licensee is selected for CE audit. Random audits will be performed by the Board to ensure compliance with the CE requirement. Licensees selected for the random audit shall submit the log and attendance verification.
10.1.1.5 The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these regulations shall constitute a violation of 24 Del.C. §3316(a)(13) and the licensee may be subject to one of more of the disciplinary sanctions set forth in 24 Del.C. §3317.
10.1.2 Proration: Continuing education requirements shall be prorated for new licensees only.
10.1.2.1 No continuing education is required for fewer than six months of licensure.
10.1.2.2 Six hours of continuing education are required after at least six months but less than twelve months of licensure.
10.1.2.3 Twelve hours of continuing education are required after at least twelve months but less than twenty-four months of licensure.
10.1.2.4 Twenty-four hours of continuing education are required after twenty-four months of licensure.
10.1.3 A veterinarian may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence. Application for extension shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
10.1.4 The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
10.2 Continuing Education Requirements for Reinstatement of Lapsed License
10.2.1 Any veterinarian whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.
10.2.1.1 Lapse of 12 to 24 months. Twenty-four (24) hours of continuing education credits must be completed. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
10.2.1.2 Lapse of over 24 months. Thirty-six (36) hours of continuing education credits must be completed. The 36 hours of continuing education credits must have been completed within 3 years prior to the request for reinstatement.
10.3 Continuing Education Requirements for Reinstatement of Inactive License
10.3.1 Twenty-four (24) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 24 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.
10.4 The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.
10.5 The following organizations are approved for formal continuing education activities.
10.5.1 AVMA.
10.5.2 AVMA accredited schools.
10.5.3 Federal/State/County Veterinary Associations & USDA.
10.5.4 Compendium on Continuing Education for the Practicing Veterinarian; NOAH; VIN.
10.5.5 Registry of Approved Continuing Education (RACE) courses.
10.6 Approval by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.
10.6.1 University course work, subject to Board approval.
10.6.2 Veterinary course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more than 2 1/2 years before the renewal date.
10.6.3 Government Agencies.
10.6.4 Other forms of CE as long as the activity is approved by the Board.
10.7 The Board may at any time re-evaluate an approved course or sponsor and withdraw future approval of a previously approved continuing education course or sponsor.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-11.0 Voluntary Treatment Option
11.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
11.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
11.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
11.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
11.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 11.8 of this section.
11.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
11.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
11.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
11.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
11.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subsection shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
11.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
11.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
11.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
11.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
11.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
11.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-12.0 Qualification for Licensure by Examination as a Veterinary Technician
(24 Del.C. §3319)
12.1 The applicant shall file the following documents:
12.1.1 Completed application form obtained from the Board office.
12.1.2 Official transcript from an AVMA-accredited veterinary technician program or from a foreign veterinary program approved by the AVMA.
12.1.3 Letters of good standing from any other jurisdictions in which the applicant is/or has been licensed, certified or registered.
12.1.4 Veterinary Technician National Examination (VTNE) or its successor.
12.1.4.1 An applicant who fails to make application within the two (2) year period immediately following successful completion of the examination shall submit proof of completion of eighteen (18) hours of continuing education completed within 4 years prior to making application.
12.1.5 Check or money order for the license fee. The license fee shall by set by the Division of Professional Regulation. Fees should be made payable to the "State of Delaware."
12.2 Proof of education shall consist of a transcript sent directly from school to the Board.
12.3 Only completed application forms will be accepted. Any information provided to the Board is subject to verification.
12.4 Applications for any licensure submitted by final year veterinary technician students enrolled in an AVMA-accredited program for the purpose of taking the VTNE exam will be considered complete only upon proof of the applicant’s graduation. Such applicants must demonstrate probability of graduation and will not be considered for any licensure until proof of graduation is submitted to the Board.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-13.0 Character of Examination for Veterinary Technicians – Veterinary Technician National Examination (VTNE)
(24 Del.C. §3306)
13.1 Examination for licensure to practice as a veterinary technician in the State of Delaware shall consist of the Veterinary Technician National Examination (VTNE) or its successor.
13.1.1 The passing score for the VTNE or its successor shall be the score as recommended by the American Association of Veterinary State Boards or its successor.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-14.0 Reciprocity for Veterinary Technicians
(24 Del.C. §3320)
Applications for licensure by reciprocity shall be the same application used for licensure by examination and be subject to the application requirements set forth in 24 Del.C. §3320.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-15.0 Continuing Education for Veterinary Technicians
(24 Del.C. §3309(b))
15.1 Any veterinary technician actively licensed to practice in the State of Delaware shall meet the following continuing education requirements to the satisfaction of the Board.
15.1.1 Twelve (12) hours of approved certified continuing education credits must be completed for the immediate two-year period preceding each biennial license renewal date.
15.1.1.1 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of subsection 15.1.1.
15.1.1.2 Attestation shall be completed electronically.
15.1.1.3 Licensees selected for random audit are required to supplement the attestation with attendance verification as provided in subsection 15.1.1.4.
15.1.1.4 A log of CE on a form approved by the Board shall be maintained during the licensure period to be submitted if the renewal application is selected for CE audit. Random audits will be performed by the Board to ensure compliance with the CE requirement. Licensees selected for the random audit shall submit the log and attendance verification.
15.1.1.5 The Board shall review all documentation submitted by licensees pursuant to the continuing education audit. If the Board determines that the licensee has met the continuing education requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the continuing education requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the continuing education requirements. Unjustified noncompliance with the continuing education requirements set forth in these regulations shall constitute a violation of 24 Del.C. §3316(a)(13) and the licensee may be subject to one of more of the disciplinary sanctions set forth in 24 Del.C. §3317.
15.1.2 Proration: Continuing education requirements shall be prorated for new licensees only.
15.1.2.1 No continuing education is required for fewer than six months of licensure.
15.1.2.2 Three hours of continuing education are required after at least six months but less than twelve months of licensure.
15.1.2.3 Six hours of continuing education are required after at least twelve months but less than twenty-four months of licensure.
15.1.2.4 Twelve hours of continuing education are required after twenty-four months of licensure.
15.1.3 A veterinary technician may apply to the Board in writing for an extension of the period of time needed to complete the continuing education requirement for good cause such as illness, extended absence from the country, or unique personal hardship which is not the result of professional negligence. Application for extension shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
15.1.4 The Board has the power to waive any part of the entire continuing education requirement. Exemptions to the continuing education requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than 60 days prior to the license expiration date.
15.2 Continuing Education Requirements for Reinstatement of Lapsed License
15.2.1 Any veterinary technician whose license to practice in the State of Delaware has lapsed and who has applied for reinstatement shall meet the following continuing education requirements to the satisfaction of the Board.
15.2.1.1 Lapse of 12 to 24 months. Twelve (12) hours of continuing education credits must be completed. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for reinstatement.
15.2.1.2 Lapse of over 24 months. Eighteen (18) hours of continuing education credits must be completed. The 18 hours of continuing education credits must have been completed within 3 years prior to the request for reinstatement.
15.3 Continuing Education Requirements for Reinstatement of Inactive License
15.3.1 Twelve (12) hours of continuing education credits must be submitted for licensees on the inactive roster who wish to remove their license from inactive status. The 12 hours of continuing education credits must have been completed within 2 years prior to the request for removal from inactive status.
15.4 The Board may approve continuing education courses or sponsors upon written application on Board supplied forms. In addition, the Board may approve continuing education courses or sponsors on its own motion.
15.5 The following organizations are approved for formal continuing education activities.
15.5.1 AVMA.
15.5.2 AVMA accredited schools.
15.5.3 Federal/State/County Veterinary Associations & USDA.
15.5.4 The NAVTA Journal, NAVTA-approved online continuing education
15.5.5 Registry of Approved Continuing Education (RACE) courses.
15.6 Approval by the Board of continuing education courses will be based upon program content. Continuing education courses shall be directed toward improvement, advancement, and extension of professional skill and knowledge relating to the practice of veterinary medicine.
15.6.1 University course work, subject to Board approval.
15.6.2 Veterinary technician program course work completed prior to graduation may be approved for continuing education credit for the first renewal period after graduation provided the course work was completed no more than 2 1/2 years before the renewal date.
15.6.3 Government Agencies.
15.6.4 Other forms of CE as long as and the activity is approved by the Board.
15.7 The Board may at any time re-evaluate an approved course or sponsor and withdraw future approval of a previously approved continuing education course or sponsor.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-16.0 Unprofessional Conduct for Veterinary Technicians
(24 Del.C. §3316(a)(1))
16.1 Unprofessional conduct as a veterinary technician shall include, but not be limited to, the following:
16.1.1 performing the acts forbidden under subsection 1.3 of the Rules and Regulations, subject to Section 2.0.
16.1.2 performing the tasks in subsection 1.6 of the Rules and Regulations without the specified supervision.
16.1.3 Cruelty to animals. Cruelty to animals includes, but is not limited to, any definition of cruelty to animals under 11 Del.C. §1325.
16.1.4 Misrepresenting continuing education hours to the Board.
16.1.5 Failure to obey a disciplinary order of the Board.
16.1.6 Use by a veterinary technician of any certificate, college degree, license, or title to which he or she is not entitled.
16.1.7 Placement of veterinary technical knowledge, attainments, or services at the disposal of a lay body, organization or group for the purpose of encouraging unqualified groups or individuals to perform surgery upon animals or to otherwise practice veterinary medicine on animals that they do not own.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
24 Del. Admin. Code § 3300-17.0 Crimes substantially related to the provision of Veterinary Medicine
17.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the provision of Veterinary Medicine in the State of Delaware without regard to the place of conviction:
17.1.1 Reckless endangering in the first degree. 11 Del.C. §604
17.1.2 Abuse of a pregnant female in the second degree. 11 Del.C. §605
17.1.3 Abuse of a pregnant female in the first degree. 11 Del.C. §606
17.1.4 Assault in the second degree. 11 Del.C. §612
17.1.5 Assault in the first degree. 11 Del.C. §613
17.1.6 Terroristic threatening. 11 Del.C. §621 Felony
17.1.7 Unlawfully administering drugs. 11 Del.C. §625
17.1.8 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626
17.1.9 Murder by abuse or neglect in the second degree. 11 Del.C. §633
17.1.10 Murder by abuse or neglect in the first degree. 11 Del.C. §634
17.1.11 Murder in the second degree. 11 Del.C. §635
17.1.12 Murder in the first degree. 11 Del.C. §636
17.1.13 Incest. 11 Del.C. §766
17.1.14 Unlawful sexual contact in the first degree. 11 Del.C. §769
17.1.15 Rape in the fourth degree. 11 Del.C. §770
17.1.16 Rape in the third degree. 11 Del.C. §771
17.1.17 Rape in the second degree. 11 Del.C. §772
17.1.18 Rape in the first degree. 11 Del.C. §773
17.1.19 Sexual extortion. 11 Del.C. §776
17.1.20 Bestiality. 11 Del.C. §777
17.1.21 Continuous sexual abuse of a child. 11 Del.C. §778
17.1.22 Dangerous crime against a child. 11 Del.C. §779
17.1.23 Female genital mutilation. 11 Del.C. §780
17.1.24 Unlawful imprisonment in the first degree. 11 Del.C. §782
17.1.25 Kidnapping in the second degree. 11 Del.C. §783
17.1.26 Kidnapping in the first degree. 11 Del.C. §783A
17.1.27 Dealing in children. 11 Del.C. §1100
17.1.28 Endangering the welfare of a child. 11 Del.C. §1102
17.1.29 Sexual exploitation of a child. 11 Del.C. §1108
17.1.30 Unlawfully dealing in child pornography. 11 Del.C. §1109
17.1.31 Possession of child pornography. 11 Del.C. §1111
17.1.32 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
17.1.33 Sexual solicitation of a child. 11 Del.C. §1112A
17.1.34 Obstructing the control and suppression of rabies. 11 Del.C. §1248
17.1.35 Offenses against law-enforcement animals. 11 Del.C. §1250
17.1.36 Use of an animal to avoid capture. 11 Del.C. §1257A (Felony)
17.1.37 Hate crimes. 11 Del.C. §1304 (Felony)
17.1.38 Cruelty to animals. 11 Del.C. §1325
17.1.39 The unlawful trade in dog or cat by-products. 11 Del.C. §1325A
17.1.40 Animals; fighting and baiting prohibited. 11 Del.C. §1326
17.1.41 Maintaining a dangerous animal. 11 Del.C. §1327
17.1.42 Abusing a corpse. 11 Del.C. §1332
17.1.43 Promoting prostitution in the second degree. 11 Del.C. §1352
17.1.44 Promoting prostitution n the first degree. 11 Del.C. §1353
17.1.45 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457 (Felony)
17.1.46 Violations. 16 Del.C. §1136
17.1.47 Prohibited acts A; penalties. 16 Del.C. §4751
17.1.48 Prohibited acts B; penalties. 16 Del.C. §4752
17.1.49 Unlawful delivery of noncontrolled substance. 16 Del.C. §4752A
17.1.50 Prohibited acts C; penalties. 16 Del.C. §4753
17.1.51 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3, 4 methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A
17.1.52 Prohibited acts D; penalties. 16 Del.C. §4754
17.1.53 Possession and delivery of noncontrolled prescription drug. 16 Del.C. §4754A
17.1.54 Distribution to persons under 21 years of age; penalties. 16 Del.C. §4761
17.1.55 Purchase of drugs for minors; penalties. 16 Del.C. §4761A
17.1.56 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses. 16 Del.C. §4767
17.1.57 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; penalties; defenses. 16 Del.C. §4768
17.1.58 Unauthorized Acts against a Service Guide or Seeing Eye Dog (class D felony). 7 Del.C. §1717
17.2 Crimes substantially related to the practice of Veterinary Medicine shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this regulation.
History
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 5 DE Reg. 1897 (04/01/02)
- 5 DE Reg. 1962 (05/01/02)
- 6 DE Reg. 273 (09/01/02)
- 6 DE Reg. 950 (02/01/03)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 12 DE Reg. 1357 (04/01/10)
- 15 DE Reg. 1362 (03/01/12)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 12 DE Reg. 1233 (03/01/09)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 10 DE Reg. 884 (11/01/06)
- 20 DE Reg. 562 (01/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 10 DE Reg. 884 (11/01/06)
- 11 DE Reg. 88 (07/01/07)
- 15 DE Reg. 1362 (03/01/12)
- 17 DE Reg. 445 (10/01/13)
- 17 DE Reg. 1099 (05/01/14)
- 20 DE Reg. 562 (01/01/17)
- 27 DE Reg. 190 (09/01/23)
3600 Board of Geologists
24 Del. Admin. Code § 3600-1.0 Definitions
“Board” shall mean the State Board of Geologists established in 24 Del.C. §3603.
“Continuing education unit” shall mean 1 contact hour (60 minutes), subject to the Board’s review.
“Five years of experience” shall mean:
Experience acquired in geological work as described in the 24 Del.C. §3602(5) and (6) and after completion of academic requirements as stated in §3608(a)(1). The Board may discount experience obtained more than 10 years prior to the submission of an application. Part-time experience will be granted proportional to full-time credit. Three of the 5 years of experience must be in a position of responsible charge as defined below.
Experience references must be provided by a person knowledgeable and having a background of geological work.
The Board will only consider years of experience documented by references.
“Geologist” shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines.
“Practice of geology” shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. This may take the form of, but is not limited to, consultation, research, investigation, evaluation, mapping, sampling, planning of geologic projects and embracing such geological services or work in connection with any public or private utilities, structures, roads, buildings, processes, works or projects. A person shall be construed to practice geology, who by verbal claim, sign, advertisement or in any other way represents himself or herself to be a geologist, or who holds him/herself out as able to perform or who does perform geologic services or work.
“Responsible charge” shall mean the individual control and direction, by the use of initiative, skill and individual judgment, of the practice of geology.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-2.0 Procedures for Licensure
2.1 Application - Initial Licensure. An applicant who is applying for licensure as a geologist shall submit evidence showing that he/she meets the requirements of 24 Del.C. §3608. The applicant must submit the following documentation:
2.1.1 An application for licensure, which shall include:
2.1.1.1 Academic credentials documented by official transcripts showing completion of an educational program meeting the requirements of 24 Del.C. §3608(a)(1).
2.1.1.2 Any applicant holding a degree from a program outside the United States or its territories must provide the Board with an educational credential evaluation from an agency approved by the Board, demonstrating that their training and degree are equivalent to domestic accredited programs. No application is considered complete until the educational credential evaluation is received by the Board.
2.1.1.3 Five professional references on forms provided by the Board. The references must attest that the applicant has completed at least 5 years of work experience in geologic work satisfactory to the Board. A minimum of 3 years of work experience must be in a responsible position. A minimum of 2 of the 5 professional references shall be dated within the 2-year period preceding submission of the application.
2.1.1.4 Evidence that the applicant has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor.
2.1.1.5 Letters of good standing from all jurisdictions in which the applicant is licensed or registered.
2.2 Application - By Reciprocity. An applicant who is applying for licensure as a geologist by reciprocity shall submit evidence showing that he/she meets the requirements of 24 Del.C. §3609. The applicant must submit the following documentation:
2.2.1 An application for licensure, which shall include:
2.2.1.1 Academic credentials documented by official transcripts showing completion of an educational program meeting the requirements of 24 Del.C. §3608(a)(1).
2.2.1.2 Any applicant holding a degree from a program outside the United States or its territories must provide the Board with an educational credential evaluation from an agency approved by the Board, demonstrating that their training and degree are equivalent to domestic accredited programs. No application is considered complete until the educational credential evaluation is received by the Board.
2.2.1.3 Evidence that the applicant is currently licensed or certified in the jurisdiction from which he/she is applying and the applicant has practiced for a minimum of 2 years after licensure in the jurisdiction from which he/she is applying including 2 professional references on forms provided by the Board. An applicant may not obtain reciprocity on a lapsed or expired license or certification. The references must attest that the Applicant has completed at least 2 years of work experience in geologic work satisfactory to the Board. The required 2 years of geologic work experience attested to by the referees must have been performed in the jurisdiction from which the applicant is seeking reciprocity.
2.2.1.4 Evidence that the applicant has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor. Applicants, who were originally licensed in another jurisdiction after June 17, 1998, will be required to have a passing score (70%) on each part of the ASBOG examination.
2.2.1.5 Letters of good standing from all jurisdictions in which the applicant is licensed or registered.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-3.0 Seal Requirements
3.1 No later than September 30, 2018, pursuant to 24 Del.C. §3619, each licensed geologist shall procure a seal, which shall contain the name of the geologist, his/her license number and the phrase “STATE OF DELAWARE - LICENSED PROFESSIONAL GEOLOGIST.” This seal shall comply in all respects with the specimen shown below.
3.2 The seal authorized by the Delaware State Board of Geologists shall not be less than 1 ½ inches in diameter. The seal may be a rubber stamp, an embossed seal, or an electronic seal. An electronic seal and signature may be used in lieu of a stamped or embossed impression of the seal and original signature only for documents that are transmitted electronically. The graphic image of the electronic seal shall have the same graphic appearance in all respects as in subsection 3.1 above.
3.3 All technical submissions prepared by a licensed geologist, or under that geologist’s direct supervision, and that will become a matter of public record, or relied upon by any person, within this state as the result of the practice of geology as defined in 24 Del.C. §3602(5), shall be affixed with that geologist’s seal. No licensed geologist shall affix that geologist’s seal on any technical submission unless it has been prepared under that geologist’s direct supervision. The seal will indicate that the licensed geologist has accepted responsibility for the submission and the work performed.
3.4 No person shall seal any plans, reports, specifications, plats or similar technical submissions with the seal of a licensed geologist or in any manner use the title “geologist,” unless such person is duly licensed in compliance with 24 Del.C. Ch. 36.
3.5 No person shall seal any plans, specifications, plats, reports, or a similar document with the seal of a licensed geologist if his/her license has been suspended, revoked or has expired.
3.6 Computer files of reports, drawings or similar technical work involving the practice of geology and that will become a matter of public record or relied upon by any person shall include the following statement:
This submission is made in compliance with 24 Del.C. Ch. 36 by [Name ], P.G., DE license number [License Number] on this date [Date ].
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-4.0 Licensing Exemption
4.1 Any person who claims exemption from the provisions of 24 Del.C. §3617(a), shall be entitled to such exemption so long as his/her remuneration from the practice of geology is solely related to a teaching function. If such remuneration is processed through his/her academic unit, it shall be considered prima facie evidence of the fact that such work is related to his/her teaching. Any person claiming such exemption shall, in a conspicuous manner at the conclusion of any report or study bearing his/ her name, include the statement:
“I hereby claim exemption from the requirements of 24 Del.C. Ch. 36 (Delaware Professional Geologist Act) and am not subject to the provisions of that Act and the standards and regulations adopted pursuant thereto.”
4.2 Such a disclaimer shall not be required on reports or studies submitted solely to refereed professional journals for publications.
4.3 Any other geologic work, including consulting, not directly related to educational activities, shall not be considered exempt.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-5.0 Issuance and Renewal of License
5.1 Each license shall be renewed biennially. The failure of the Board to notify a licensee of his/her license expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the Board’s regulations and 24 Del.C. Ch. 36.
5.2 Renewal shall be effected online at www.dpr.delaware.gov and by:
5.2.1 Providing other information as may be required by the Board to ascertain the licensee’s good standing;
5.2.2 Attesting on the renewal application to the completing of continuing education as required by Section 6.0;
5.2.3 Payment of fees as determined by the Division of Professional Regulation.
5.3 Failure of a licensee to renew his/her license shall cause his/her license to lapse. A geologist whose license has lapsed may renew his/her license within 3 months after the license expiration date upon fulfilling subsections 5.2.1 - 5.2.3 above, after providing a notarized letter certifying that he/she has not practiced geology in Delaware while his/her license has been lapsed, and paying the renewal fee and a late fee which shall be 50% of the renewal fee as determined by the Division of Professional Regulation.
5.3.1 Lapsed license renewals shall be audited for satisfactory completion of the continuing education requirements.
5.3.2 No geologist shall practice geology in the State of Delaware during the period of time that his/her license is lapsed.
5.4 Failure of a licensee to renew his/her lapsed license within the 3-month period in subsection 5.3 above shall cause his/her license to terminate.
5.4.1 A geologist whose license has terminated may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 36, and must provide a notarized letter certifying that he/she did not practice geology in Delaware after the license expiration date.
5.4.2 Reapplication for terminated licenses shall be audited for satisfactory completion of 24 CEUs completed within 24 months prior to reapplication and will automatically be audited.
5.4.3 No geologist shall practice geology in the State of Delaware during the period of time that his/her Delaware license has terminated.
5.5 Inactive Status: A licensee may be placed on inactive status by the Board for a period of no more than 5 years. Requests for inactive status shall be made, in writing, to the Board.
5.5.1 To apply for reactivation of an inactive license, a licensee shall:
5.5.1.1 Submit a letter requesting reactivation;
5.5.1.2 Submit a reactivation fee;
5.5.1.3 Submit proof of completion of 24 CEUs, completed within 24 months prior to reactivation and will automatically be audited.
5.5.2 Licensees who do not apply for reactivation by the end of the 5-year inactive period will be converted to a terminated status.
5.5.3 A geologist whose license has terminated may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 36, and must provide a notarized letter certifying that he/she has not practiced geology in Delaware while his/her license has been inactive.
5.5.4 No geologist shall practice geology in the State of Delaware during the period of time that his/her Delaware license has been inactive.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-6.0 Continuing Education
6.1 Preamble
6.1.1 In order to protect the general public and ensure a high standard of integrity, skills and knowledge in the practice of geology, the following continuing education requirements are established by the Board in accordance with 24 Del.C. §3606(a)(8).
6.1.2 Regular participation in technical, professional and ethical training, and participation in professional and technical organizations assures that professional geologists are exposed to new ideas and keep their skills current. The overriding consideration in determining if a specific program or activity qualifies as continuing education shall be that it is a means to update and/or expand the professional’s knowledge and skills in the practice of geology beyond their normal job-related activities. The requirement that all professional geologists must participate in such activities is meant to further safeguard the health, safety and welfare of the public.
6.2 The Board will require continuing education as a condition of license renewal.
6.2.1 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirement of Section 6.0.
6.2.2 Renewal and attestation shall be completed electronically.
6.2.3 Licensees selected for random audit will be required to supplement the attestation with attendance verification pursuant to subsection 6.4.
6.3 Licenses are renewed biennially (every 2 years on the even year) on September 30 (e.g. September 30, 2006, 2008). Continuing education (CE) reporting periods run concurrently with the biennial licensing period.
6.4 Each licensed geologist shall complete, biennially, 24 units of continuing education as a condition of license renewal. The licensee is responsible for retaining all certificates and documentation of participation in approved continuing education programs. Upon request, such documentation shall be made available to the Board for random post renewal audit and verification purposes. A continuing education unit is equivalent to 1 contact hour (60 minutes), subject to the Board’s review. The preparing of original lectures, seminars, or workshops in geology or related subjects shall be granted 1 contact hour for preparation for each contact hour of presentation. Credit for preparation shall be given for the first presentation only.
6.5 A candidate for renewal may be granted an extension of time in which to complete continuing education hours upon a showing of hardship. “Hardship” may include, but is not limited to, disability; illness; extended absence from the jurisdiction; or exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period for which it is made.
6.6 Continuing education shall be prorated for new licensees in the following manner:
6.6.1 If at the time of renewal, a licensee has been licensed for less than 1 year, no continuing education is required; if he/she has been licensed for more than 1 year, but less than 2 years, 12 of the 24 hours will be required; if he/she has been licensed for 2 years or more the full 24 hours is required.
6.7 In his/her personal records, each licensee must keep proof of attendance for each activity for which the licensee is requesting credit. If the Board conducts an audit of a licensee’s CE records, the Board will require the licensee to complete a CE log provided by the Board and submit the licensee’s documentation of attendance to the CE event listed on the CE log. Failure to submit proof of attendance during an audit will result in loss of CE credit for that event.
6.8 Continuing education must be in a field related to Geology. Approval will be at the discretion of the Board. CEUs earned in excess of the required credits for the 2-year period may not be carried over to the next biennial period.
6.9 Categories of Continuing Education & Maximum Credit Allowed:
6.9.1 Geologic courses – 24 CEUs Total
Academic – 24 CEUs
Documentation – Proof of Completion
6.9.2 Professional Development in the Application of Practice of Geologic Sciences – 24 CEUs Total
Meetings – 12 CEUs (excluding job related meetings such as department meetings, supervision of students and business meetings within the work setting)
Workshops - 12 CEUs
Field Trips – 12 CEUs
Seminars - 12 CEUs
Documentation – Proof of Attendance and Duration
6.9.3 Peer Reviewed Publications– 12 CEUs Total
Composition – 12 CEUs
Review – 12 CEUs
Documentation – Proof of Participation
6.9.4 Research/Grants – 12 CEUs Total
Documentation – Proof of Submission
6.9.5 Specialty Training or Certifications – 12 CEUs Total
6.9.5.1 Specialty Training or Certification includes, but is not limited to, OSHA, for example HAZWOPER, and MSHA classes.
6.9.5.2 Documentation – Proof of Completion
6.9.6 Online courses and Web seminars – 12 CEUs Total
Documentation – Proof of Completion
6.9.7 Teaching/Presentations – 12 CEUs Total
Presentation - 12 CEUs (1 hour prep time per hour presented of original presentation)
Documentation – Verification from Sponsoring Institution
6.9.8 Service on a Geological Professional Society, Geological Institution Board/Committee or Geological State Board – 6 CEUs Total
Documentation – Proof of Appointment
6.9.9 Regulatory Based Activities – 12 CEUs Total
Certifications/Training – 12 CEUs Total
Documentation – Proof of Completion
6.9.10 For any of the above activities, when it is possible to claim credit in more than 1 category, the licensee may claim credit for the same time period in only 1 category.
6.10 Automatic Approval for course work sponsored by the following Professional Societies:
6.10.1 American Association of Petroleum Geologists (AAPG)
6.10.2 American Association of Stratigraphic Palynologists (AASP)
6.10.3 American Geosciences Institute (AGI)
6.10.4 American Geophysical Union (AGU)
6.10.5 American Institute of Hydrology (AIH)
6.10.6 American Institute of Professional Geologists (AIPG)
6.10.7 American Rock Mechanics Association (AMRA)
6.10.8 American Water Resources Association (AWRA)
6.10.9 Association for the Sciences of Limnology and Oceanography (ASLO)
6.10.10 Association of American Geographers (AAG)
6.10.11 Association of American State Geologists (AASG)
6.10.12 Association of Earth Science Editors (AESE)
6.10.13 Association of Environmental and Engineering Geologists (AEG)
6.10.14 Association of Ground Water Scientists & Engineers (AGWSE)
6.10.15 Association of Women Geoscientists (AWG)
6.10.16 Clay Mineral Society (CMS)
6.10.17 Council on Undergraduate Research-Geosciences Div. (CUR)
6.10.18 Environmental and Engineering Geophysical Society (EEGS)
6.10.19 Friends of Mineralogy (FOM)
6.10.20 Geochemical Society (GS)
6.10.21 Geo-Institute of the American Society of Civil Engineers (GI)
6.10.22 Geologic Society of America (GSA)
6.10.23 Geological Society of London (GSL)
6.10.24 Geoscience Information Society (GIS)
6.10.25 History of Earth Sciences Society (HESS)
6.10.26 International Medical Geology Association (IMGA)
6.10.27 International Association of Hydrogeologists/US National Committee (IAH)
6.10.28 Karst Waters Institute (KWI)
6.10.29 Mineralogical Society of America (MSA)
6.10.30 National Association of Black Geologists and Geophysicists (NABGG)
6.10.31 National Association of Geoscience Teachers (NAGT)
6.10.32 National Association of State Boards of Geology (ASBOG)
6.10.33 National Cave and Karst Research Institute (NCKRI)
6.10.34 National Earth Science Teachers Association (NESTA)
6.10.35 National Ground Water Association (NGWA)
6.10.36 National Speleological Society (NSS)
6.10.37 North American Commission on Stratigraphic Nomenclature (NACSN)
6.10.38 Paleobotanical Section of the Botanical Society of America (PSBSA)
6.10.39 Paleontological Research Institution (PRI)
6.10.40 Paleontological Society (PS)
6.10.41 Palynological Society (AASP)
6.10.42 Pennsylvania Council of Professional Geologists (PCPG)
6.10.43 Petroleum History Institute (PHI)
6.10.44 Seismological Society of America (SSA)
6.10.45 Society of Economic Geologists (SEG)
6.10.46 Society of Exploration Geophysicists (SEG)
6.10.47 Society of Independent Professional Earth Scientists (SIPES)
6.10.48 Society of Mineral Museum Professionals (SMMP)
6.10.49 Society for Mining, Metallurgy, and Exploration, Inc. (SME)
6.10.50 Society for Organic Petrology (TSOP)
6.10.51 Society for Sedimentary Geology (SEPM)
6.10.52 Society of Vertebrate Paleontology (SVP)
6.10.53 Soil Science Society of America (SSSA)
6.10.54 United States Permafrost Association (USPA)
6.11 Courses not pre-approved by the Board may be submitted for review and approval throughout the biennial licensing period.
6.11.1 Since subsection 6.10 provides the list of sponsors that are automatically approved by the Board for any course work used for continuing education units (CEU) towards the total of 24 CEUs in the biennial license period, please note that subsection 6.11, allowing for pre-approval of courses for CEUs, only pertains to courses NOT offered by a sponsor listed in the list provided in subsection 6.10. Furthermore, 1 CEU = 1 Contact Hour.
6.11.2 A course may be approved for a period of not more than 2 calendar years, provided the course is conducted by the sponsor or provider making application and the curriculum and course length are consistent with what was approved. All course approvals expire on the deadline for licensure renewal, which is September 30 of even years. A course cannot be automatically renewed. A sponsor or provider will need to reapply for approval no later than 60 days prior to the end of the renewal period before conducting the course or advertising the course to Delaware licensees.
6.12 Audit. Each biennium, the Division of Professional Regulation shall select from the list of potential renewal licensees a percentage, determined by the Board, which shall be selected by random method. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
6.13 Documentation and Audit by the Board. When a licensee whose name or number appears on the audit list applies for renewal, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU's claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with attendance verification.The Board shall attempt to verify the CEUs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's CEU's meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal.
6.14 Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered misconduct in the practice of geology, pursuant to 24 Del.C. §3612(a)(7). The minimum penalty for unjustified noncompliance shall be a letter of reprimand and a $250.00 monetary penalty; however, the Board may impose any of the additional penalties specified in 24 Del.C. §3612.
6.15 Noncompliance - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional 12 months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period for which it is made. The Board shall issue an extension when it determines that 1 or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEUs. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board.
6.16 Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board's final order pursuant to the Administrative Procedures Act.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-7.0 ASBOG Examination
7.1 An applicant wishing to sit for any portion for the ASBOG examination required for a license as a Geologist shall make application in writing, on forms provided by the Board.
7.1.1 An applicant wishing to sit for the ASBOG Fundamentals of Geology (FG) Exam may do so provided they meet the minimum educational requirements set forth in 24 Del.C. §3608(a)(1). To apply, the applicant must fill out the request to sit for the FG Exam application and submit their transcripts [to date] to the Board for approval. Once taken, the applicants score will be held on file indefinitely by ASBOG.
7.1.1.1 Notwithstanding the requirements of subsection 7.1.1, an applicant may take the FG Exam during the applicant's final semester in an accredited geosciences program leading to a degree according to the educational requirements set forth in 24 Del.C. §3608(a)(1).
7.1.1.2 The results of the FG Exam will be disclosed to the applicant after receipt of the official transcript.
7.1.2 An applicant wishing to sit for the ASBOG Practice of Geology (PG) Exam must have acquired 5 years of professional work experience as defined in Section 1.0 and must submit a full application for licensure to the Board for review. Approval to sit for the PG Exam will be dependent upon the applicant providing sufficient evidence, satisfactory, to the Board that he/she meets the qualifications for licensure set forth in 24 Del.C. §3608.
7.2 An applicant for licensure must have satisfactorily passed each part of the ASBOG examination with a scaled score of not less than 70%.
7.3 An applicant’s approval to sit for either part of the ASBOG exam shall be valid for a period not to exceed 2 years.
7.4 An applicant who fails to pass either part of the ASBOG exam within 2 years shall re-apply as a new applicant pursuant to Section 2.0.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-8.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
8.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of the Division of Professional Regulation or his/her designee of the report. If the Director of the Division of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designee(s).
8.2 The chairperson of the regulatory Board or that chairperson's designee(s) shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designee(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designee(s) or the Director of the Division of Professional Regulation or his/her designee may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designee and the chairperson of the participating Board or that chairperson's designee for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of the Division of Professional Regulation and the chairperson of the participating Board.
8.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designee(s) or the Director of the Division of Professional Regulation or his/her designee in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designee(s) shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designee(s) or to the Director of the Division of Professional Regulation or his/her designee at such intervals as required by the chairperson of the participating Board or that chairperson's designee(s) or the Director of the Division of Professional Regulation or his/her designee, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designee(s) or designates or to the Director of the Division of Professional Regulation or his/ her designee by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's chairperson, his/her designee(s) or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-9.0 Crimes substantially related to the practice of geology:
9.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of geology in the State of Delaware without regard to the place of conviction:
9.1.1 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
9.1.2 Assault in the first degree. 11 Del.C. §613.
9.1.3 Assault by abuse or neglect. 11 Del.C. §615.
9.1.4 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
9.1.5 Murder in the second degree. 11 Del.C. §635.
9.1.6 Murder in the first degree. 11 Del.C. §636.
9.1.7 Manslaughter. 11 Del.C. §632.
9.1.8 Rape in the third degree. 11 Del.C. §771.
9.1.9 Rape in the second degree. 11 Del.C. §772.
9.1.10 Rape in the first degree. 11 Del.C. §773.
9.1.11 Continuous sexual abuse of a child. 11 Del.C. §778.
9.1.12 Dangerous crime against a child. 11 Del.C. §779.
9.1.13 Kidnapping in the first degree. 11 Del.C. §783A.
9.1.14 Burglary in the first degree. 11 Del.C. §826.
9.1.15 Robbery in the first degree. 11 Del.C. §832.
9.1.16 Carjacking in the first degree. 11 Del.C. §836.
9.1.17 Identity theft. 11 Del.C. §854.
9.1.18 Forgery; felony. 11 Del.C. §861.
9.1.19 Possession of forgery devices. 11 Del.C. §862.
9.1.20 Tampering with public records in the first degree. 11 Del.C. §876.
9.1.21 Offering a false instrument for filing. 11 Del.C. §877.
9.1.22 Issuing a false certificate. 11 Del.C. §878.
9.1.23 Unlawful use of credit card; felony. 11 Del.C. §903.
9.1.24 Reencoder and scanning devices. 11 Del.C. §903A.
9.1.25 Criminal impersonation. 11 Del.C. §907
9.1.26 Criminal impersonation, accident related. 11 Del.C. §907A.
9.1.27 Criminal impersonation of a police officer. 11 Del.C. §907B.
9.1.28 Sexual exploitation of a child. 11 Del.C. §1108.
9.1.29 Unlawfully dealing in child pornography. 11 Del.C. §1109.
9.1.30 Bribery. 11 Del.C. §1201.
9.1.31 Receiving a bribe. 11 Del.C. §1203.
9.1.32 Improper influence. 11 Del.C. §1207.
9.1.33 Official misconduct. 11 Del.C. §1211.
9.1.34 Profiteering. 11 Del.C. §1212.
9.1.35 Perjury in the second degree. 11 Del.C. §1222.
9.1.36 Perjury in the first degree. 11 Del.C. §1223.
9.1.37 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
9.1.38 Bribing a witness. 11 Del.C. §1261.
9.1.39 Bribe receiving by a witness. 11 Del.C. §1262.
9.1.40 Tampering with a witness. 11 Del.C. §1263.
9.1.41 Bribing a juror. 11 Del.C. §1264.
9.1.42 Bribe receiving by a juror. 11 Del.C. §1265.
9.1.43 Tampering with physical evidence. 11 Del.C. §1269.
9.1.44 Escape after conviction; Class B felony. 11 Del.C. §1253.
9.1.45 Assault in a detention facility; Class B felony. 11 Del.C. §1254.
9.1.46 Hate Crimes; Class A or B felony. 11 Del.C. §1304.
9.1.47 Adulteration; Class A felony. 11 Del.C. §1339.
9.1.48 Possession of a deadly weapon during the commission of a felony. 11 Del.C. §1447.
9.1.49 Possession of a firearm during the commission of a felony. 11 Del.C. §1447A.
9.1.50 Wearing body armor during the commission of a felony. 11 Del.C. §1449.
9.1.51 Organized crime and racketeering. 11 Del.C. §1504.
9.1.52 Victim or witness intimidation. 11 Del.C. §§3532 & 3533.
9.1.53 Prohibited acts A [delivery/manufacture/possession with intent to deliver narcotics (death); Class B. 16 Del.C. §4751.
9.1.54 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §47513A.
9.2 Crimes substantially related to the practice of geology shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this Section.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
24 Del. Admin. Code § 3600-10.0 Code of Ethics
10.1 General Provisions
10.1.1 A geologist shall be guided by the highest standards of ethics, honesty, integrity, fairness, personal honor, and professional conduct.
10.1.2 A geologist shall not knowingly permit the publication or use of his/her work or name in association with any unsound or illegitimate venture.
10.1.3 A geologist shall not give a professional opinion or make a report without being as completely informed as might be reasonably expected considering the purpose for which the opinion or report is desired. All assumptions on which the results of the report or opinion are based shall be set forth in the report or opinion.
10.1.4 A geologist shall be as objective as possible in any opinion, report or other communication he/ she makes which will be used to induce participation in a venture. He/she shall not make sensational, exaggerated, or unwarranted statements. He/she shall not misrepresent data, omit relevant data, or fail to mention the lack of data that might affect the results or conclusions of such opinion, report or communication.
10.1.5 A geologist shall not falsely or maliciously attempt to injure the reputation or business of another geologist.
10.1.6 A geologist shall freely give credit for work done by others. A geologist shall not knowingly accept credit rightfully due to others or otherwise indulge in plagiarism in oral and written communications.
10.1.7 A geologist, having knowledge of the unethical or incompetent practice of another geologist, shall avoid association with that geologist in professional work. If a geologist acquires tangible evidence of the unethical or incompetent practice of another geologist, he/she shall submit the evidence to the Board.
10.1.8 A geologist shall not use the provisions of 24 Del.C. Ch. 36 or the Board's regulations to maliciously prosecute, harass or otherwise burden another geologist with unfounded or false charges.
10.1.9 A geologist shall endeavor to cooperate with others in the profession in encouraging the ethical dissemination of geological knowledge especially when it is in the public interest.
10.1.10 A geologist shall not engage in conduct that involves fraud, dishonesty, deceit or misrepresentation either directly or through the action of others.
10.1.11 A geologist shall not discriminate against any person on the basis of race, creed, sex or national origin.
10.1.12 A geologist shall not aid any person in the unauthorized practice of geology.
10.1.13 A geologist shall not practice geology in a jurisdiction where that practice would violate the standards applicable to geologists in the jurisdiction.
10.2 Provisions Concerning Monetary Matters
10.2.1 A geologist having, or expecting to have, any interest in a project or property on which he/she performs work, must make full disclosure of the interest to all parties concerned with the project or property.
10.2.2 A geologist's fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:
10.2.2.1 The time and labor required, the novelty and difficulty of the work involved, and the skill requisite to perform the service properly;
10.2.2.2 The likelihood, if apparent to the client or employer, that the acceptance of the particular employment will preclude other employment of the geologist;
10.2.2.3 The fee customarily charged in the area for similar geological services;
10.2.2.4 The total value of the project and the results obtained;
10.2.2.5 The time limitations imposed by the client or by the circumstances;
10.2.2.6 The nature and length of the professional relationship with the client;
10.2.2.7 The experience, reputation, and ability of the geologist or geologists performing the service; and
10.2.2.8 Whether the fee is fixed or contingent.
10.2.3 When the geologist has not regularly performed services for the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing services.
10.2.4 A fee may be contingent on the outcome of a project for which geological services are rendered, except for a project where a contingent fee is prohibited by law or professional ethics. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined.
10.2.5 A division of fee between geologist and other professionals who are not associated may be made only if:
10.2.5.1 The division is in proportion to the services performed by each geologist or professional or, by written agreement with the client. Each geologist or professional assumes joint responsibility for the services performed;
10.2.5.2 The client is advised of and does not object to the participation of the geologist and/or other professionals involved; and
10.2.5.3 The total fee is reasonable.
10.2.6 A geologist shall not accept a concealed fee for referring an employer or client to a specialist or for recommending geological services other than his/her own. A geologist who engages or advises a client or employer to engage collateral services shall use his/her best judgement to ensure the collateral services are used prudently and economically.
10.3 Provisions Concerning The Relationship With The Client
10.3.1 A geologist shall not undertake, or offer to undertake, any type of work with which he/she is not familiar or competent by reason of lack of training or experience unless he/she makes full disclosure of his/her lack of training or experience to the appropriate parties prior to undertaking the work.
10.3.2 A geologist shall protect to the fullest extent the employer or client's interest, so far, as is consistent with the public welfare and professional obligations and ethics.
10.3.3 A geologist who finds that an obligation to an employer or client conflicts with professional obligations or ethics should have the objectionable conditions changed or terminate the services.
10.3.4 A geologist shall not use either directly or indirectly any proprietary information which is developed or acquired as a result of working for an employer or client in any way that conflicts with the employer's or client's interest and without the consent of the employer or client.
10.3.5 A geologist who has worked or performed a service for any employer or client shall not use the information peculiar to that employment and which is gained in such employment for his/her own personal profit unless he/she is given written permission to do so or until the employer, client, or their successor's interest in such information has changed in such a way that the information is valueless to him/her or of no further interest to him/her.
10.3.6 A geologist shall not divulge confidential information. This does not relieve a licensed geologist from the duty to report conditions required by law or regulation.
10.3.7 A geologist retained by a client shall not accept, without the client's consent, an engagement by another if there is a possibility of a conflict between the interests of the 2 clients.
10.3.8 A geologist shall advise an employer or client to retain, and cooperate with, other experts and specialists whenever the employer's or client's interests are best served by such services.
10.3.9 A geologist shall not terminate services to an employer or client when it will cause immediate jeopardy to the employer's or client's interests. The geologist shall attempt to give due notice of termination; however, the geologist may terminate services under any of the following circumstances:
10.3.9.1 Failure to receive compensation or good evidence indicating compensation will not be received for services performed;
10.3.9.2 When continued employment will result in a violation of 24 Del.C. Ch. 36 or other illegality;
10.3.9.3 When continued employment will result in sickness or injury to the geologist or his/her dependents.
10.3.10 A geologist shall not use illegal drugs. A geologist shall also not abuse alcoholic beverages, drugs, narcotics, or controlled substances with or without a prescription such that it impairs his/her ability to perform his/her work.
History
- 16 DE Reg. 437 (10/01/12)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 19 DE Reg. 1104 (06/01/16)
- 16 DE Reg. 437 (10/01/12)
- 10 DE Reg. 567 (09/01/06)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 7 DE Reg. 1342 (04/01/04)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
- 9 DE Reg. 456 (09/01/05)
- 16 DE Reg. 437 (10/01/12)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 11 DE Reg. 349 (09/01/07)
- 16 DE Reg. 437 (10/01/12)
- 20 DE Reg. 824 (04/01/17)
- 8 DE Reg. 1105 (02/01/05)
- 16 DE Reg. 437 (10/01/12)
- 7 DE Reg. 1342 (04/01/04)
- 8 DE Reg. 1105 (02/01/05)
- 9 DE Reg. 456 (09/01/05)
- 10 DE Reg. 567 (09/01/06)
- 11 DE Reg. 349 (09/01/07)
- 13 DE Reg. 682 (11/01/09)
- 16 DE Reg. 437 (10/01/12)
- 17 DE Reg. 991 (04/01/14)
- 19 DE Reg. 1104 (06/01/16)
- 20 DE Reg. 824 (04/01/17)
- 27 DE Reg. 260 (10/01/23)
3800 Board of Dietetics/Nutrition
24 Del. Admin. Code § 3800-1.0 Definitions
"Medical nutrition therapy" means the use of specific nutrition services to treat, or rehabilitate an illness, injury, or condition. Medical nutrition therapy includes nutrition assessment, intervention, education, and counseling.
“Nutrition assessment” means the evaluation of the nutritional needs of individuals or groups based on appropriate nutrient intake, biochemical values, anthropometric measures, physical and metabolic parameters, socio-economic factors, current medical diagnosis and medications, enteral and parenteral nutrition or dietary data to determine nutrient needs and recommend appropriate medical nutrition therapy.
"Nutrition Care Services" means assessing the nutritional needs of individuals or groups, determining resources and constraints in the practice setting, and providing appropriate nutritional recommendations, counseling or education.
“Nutrition counseling” means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
“Nutritional Care Plan” means a plan of care developed by a licensed Dietitian/Nutritionist that includes: the design and implementation of nutrition programs/plans, which include goals and objectives for individuals and groups for the maintenance of health and prevention of disease; the design and implementation of therapeutic nutrition regimens, including enteral and parenteral nutrition for the management of nutritionally related health disorders; establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints; developing, implementing, and managing nutrition care systems; and evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.
“Nutritional care standards” means policies and procedures pertaining to the provision of nutritional care in institutional and community settings.
"Nutritional education" means a planned program based on learning objectives with expected outcomes designed to modify nutrition-related behaviors.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-2.0 Qualifications of Applicants
2.1 Major Course of Study
2.1.1 A major course of study [24 Del.C. §3806(2)] must include 3 semester credits with content in biochemistry, 3 semester credits with content in human physiology, and 12 semester credits of courses with major content in human nutrition and/or dietetics including 3 semester credits in nutrition and disease or diet therapy.
2.2 Foreign Degrees:
2.2.1 An agency authorized to validate foreign academic degrees equivalent to the Baccalaureate or Master's Degree conferred by a regionally accredited college or University in the U.S. includes the following:
International Consultants of Delaware, Inc., P.O. Box 8629, Philadelphia, PA 19101 -www.icdeval.com
IERF Credentials Evaluation Services, Inc., 3665 Culver City, CA 90231-3665) - www.ierf.org
World Education Services, Inc., (5087 Bowling Green Station, New York, NY 10274-5087) - www.wes.org
Education Credential Evaluators, Inc., (P.O. Box 5140740, Milwaukee, WI 53203-3470) - www.ece.org
Josef Silny & Associates, International Education Consultants, 7107 SW 102 Ave. Miami, FL 33173) - www.jsilny.com
2.3 Supervised Practice
2.3.1 Proof of completion of supervised practice experience of 900 hours [24 Del.C. §3806(a)(3)] is required and may be demonstrated by documenting completion of a Commission on Accreditation for Dietetic Education (CADE) program. CADE is the accrediting agency for the American Dietetic Association (ADA); or
2.3.2 At least 900 hours of supervised participation in nutrition services. The scope of activities may include observation, but must include direct client/patient involvement. The 900 hours must be concurrent with and/or following completion of the academic requirements for certification and need not be a paid experience. The following will define the equivalent professional practice experience and verification necessary:
2.3.2.1 Each supervisor shall have administrative responsibility for the area of the professional practice experience OR provide a letter from the area's administrator showing approval for him/her to officially function as a supervisor of the applicant's experience for the purposes of this chapter.
2.3.2.2 The supervisor shall have access to relevant patient/client records in the site of the professional practice experience. In order to guide the applicant and to have a basis for evaluation, the supervisor shall review performance by periodic observation, either directly or by some recording of the nutrition services.
2.3.2.3 If there is more than one supervisor and/or facility for different parts of the experience, information and verification of each part is required.
2.3.2.4 The applicant shall provide to the Board for each supervisor/facility
2.3.2.4.1 the name and address of the facility providing the professional practice experience and name of the area within the facility where the professional practice experience occurred.
2.3.2.4.2 the name, address, phone and title of the official supervisor who is supervising the qualifying experience for purpose of obtaining the certification. The supervisor for the purpose of certification may be different than the administrative supervisor of the unit in the facility.
2.3.2.4.3 a summary of the nature of nutrition services performed, along with dates and hours spent performing them.
2.3.2.4.4 evidence that the supervisor was either a registered dietitian, a licensed dietitian or a certified dietitian/nutritionist or a certified nutrition specialist in Delaware or any other state at the time of supervision; or the supervisor was a licensed health care professional or individual with a doctoral degree from an accredited college or university with expertise in human nutrition. A copy of the current license, certification, or registration must be provided.
2.3.2.4.5 the applicant will send the description of the qualifying experience noted above to the professional practice experience supervisor for verification.
2.3.2.4.6 Each supervisor must review the evidence provided by the applicant and verify that the information is true including
2.3.2.4.6.1 that the applicant participated in nutrition services under his/her supervision, indicating the total number of hours.
2.3.2.4.6.2 that the applicant performed the nutrition services at a satisfactory level and followed the Code of Ethics in the course of this qualifying experience.
2.4 Examination
2.4.1 The satisfactory completion of the registration examination established by the Commission on Dietetic Registration (CDR), the examination of the Board for Certification of Nutrition Specialists (BCNS), or another national examination acceptable to the Board and approved by the Director of Professional Regulation is required. [24 Del.C. §3806(a)(4)].
2.4.1.1 The passing score shall be the passing score established by the exam provider.
2.4.2 The cost of the examination shall be borne by the applicant.
2.5 Individuals seeking a waiver under the provisions of 24 Del.C. §3806(f) of the qualifications for licensure specified in 24 Del.C. §3806(a)(1)-(4) and 24 Del.C. §3806(b) must document at least 10 years or greater work experience in the field of nutrition as defined in 24 Del.C. §3802(3) acceptable to the Board.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-3.0 Reciprocity
3.1 The Board may grant licensure to registered, certified or licensed dietitians/nutritionists holding a valid license issued by another jurisdiction whose standards of licensure are equal to or greater than those of 24 Del.C. Ch. 38.
3.2 The applicant shall include, as part of the application, copies of state licensing and/or practice statutes and regulations pertaining to the practice of dietetics and nutrition for each jurisdiction through which he/she is seeking reciprocity.
3.3 The Applicant shall include letters of good standing from all jurisdictions in which the applicant is licensed or registered.
3.4 “Standards of licensure” as used in 24 Del.C. §3807, shall refer to the qualifications of applicants set forth at §3806.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-4.0 Continuing Professional Education
4.1 Continuing Education Hours Required for Renewal
4.1.1 The LDN shall be required to complete 30 hours of continuing professional education (CPE) acceptable to the Board during each biennial renewal period.
4.1.2 Proof of continuing professional education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of this Rule.
4.1.3 Attestation shall be completed electronically at the time of online renewal.
4.1.4 The LDN shall retain all certificates and other documented evidence of participation in an approved/accredited CPE program for a period of at least three years. Upon request, such documentation shall be made available to the Board for random audit and verification purposes.
4.1.4.1 Proof of attendance. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance. Acceptable proof shall include:
4.1.4.1.1 The date of CPE course;
4.1.4.1.2 The instructors of CPE course; the sponsor of CPE course;
4.1.4.1.3 The title of CPE course; and
4.1.4.1.4 The number of hours of CPE course.
4.1.5 CPE requirements shall be prorated for new LDNs as follows:
4.1.5.1 If the new LDN has been licensed less than 1 year, CPE is not required for renewal.
4.1.5.2 If the new LDN has been licensed for more than 1 year but less than 2 years, half of the 30 CPE hours (15 hours) are required.
4.1.5.3 If licensed for 2 or more years, the full 30 hours of CPE is required.
4.2 Exemptions and Extensions
4.2.1 A licensee who because of a physical or mental illness during the license period could not complete the continuing professional education requirement may apply to the Board for a waiver. A waiver may provide for an extension of time or an exemption from some or all of the continuing professional education requirements for one renewal period. A separate request must be submitted for every renewal period during which a waiver is requested.
4.2.2 A request for a waiver must be submitted sixty days prior to the license renewal date.
4.2.3 Requests for Extension - Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve months to make up all outstanding required hours upon a showing of good cause as to why the requirements could not be met at the time of renewal. The licensee must state the reason for such extension along with any relevant documentation. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or licensee's immediate family, or a death in the immediate family of the licensee. The written request for extension must be received prior to the renewal deadline. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required hours. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board. Make-up credits may not be used in the next renewal period.
4.3 Acceptable Continuing Professional Education. The overriding consideration in determining whether a specific program qualifies as acceptable continuing education is whether the program is a planned program of learning that contributes directly to the professional competence of the LDN. Continuing education hours awarded for activities or programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations:
4.3.1 The Commission on Dietetic Registration;
4.3.2 The Board for Certification of Nutrition Specialists; or
4.3.3 Other professional or education organizations so long as the specific program is acceptable to the Board.
4.4 Acceptable CPE Activities. The following are acceptable CPE activities and the maximum number of hours allowed for each activity during the biennial renewal period.
4.4.1 Academic Coursework (No maximum):
4.4.1.1 A one semester or trimester credit hour course taken will be worth 5 CPEs;
4.4.1.2 A one semester or trimester credit hour course audited will be worth 3 CPEs;
4.4.1.3 A one-quarter credit hour course taken will be worth 3 CPEs;
4.4.1.4 A one quarter credit hour course audited will be worth 2 CPEs.
4.4.2 Non-Academic Coursework (One CPE is equivalent to one contact hour. No maximum.):
4.4.2.1 Recorded Online Academic Lectures or Seminars. Recorded online lectures or seminars that are offered by US regionally accredited colleges or universities. Official verification of participation is required such as a certificate of completion.
4.4.2.2 Case Presentations: Examples include but are not limited to grand rounds and patient case studies.
4.4.2.3 Certificate Program: Intensive training program with a component that assesses the participant's performance. Upon completion of the program, participants receive a certificate attesting to the attainment of a new knowledge or skill set such as CDR's Certificate of Training in Adult Weight Management or BCNS' Certified Ketogenic Nutrition Specialist Program. Certificate programs must:
4.4.2.3.1 Be dietetics or nutrition-related;
4.4.2.3.2 Have stated learning objectives upon which the course and assessment content is based;
4.4.2.3.3 Include content expert instruction and interactive discussion, which may occur face-to-face or by electronic delivery;
4.4.2.3.4 Include a post-course assessment that assesses the participant's completion of the program's learning objectives;
4.4.2.3.5 Have all course materials reviewed by a minimum of three professionals with demonstrated expertise in the content area attesting to the number of hours needed to complete the program; and
4.4.2.3.6 Be approved or accredited by the Commission on Dietetic Registration (CDR) or BCNS. If the program includes a self-study component, the self-study must include an assessment based on stated learning objectives wherein course participants must pass the assessment to continue in the program and to receive CPEUs for the self-study component.
4.4.2.4 Exhibits: Dietetics or nutrition-related exhibits such as those presented at the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo. (One half CPE is equivalent to one-half contact hour. Five CPE maximum);
4.4.2.5 Experiential Skill Development: Examples include but are not limited to culinary skills training, physical assessment training, multi-skills training, and computer/technology training. (One CPE is equivalent to one contact hour. No maximum);
4.4.2.6 Journal Clubs: Preplanned meetings, which provide for group participation, include three or more professionals and include in-depth discussion of a single dietetics or nutrition-related topic from pre-assigned articles/papers in professional, peer-reviewed journals (materials should not be older than five years). Online journal clubs, in which interactive posts by dietetics or nutrition professionals are read by and responded to by dietetics or nutrition professionals. (One CPE is equivalent to one contact hour. No maximum)
4.4.2.7 Lectures, Seminars. Webinars, or Teleseminars: These activities must occur in real time and allow for interaction between the presenter and attendees. (One CPE is equivalent to one contact hour. No maximum);
4.4.2.8 Recorded CPE Preapproved by CDR, BCNS, or other acceptable provider. (One CPE is equivalent to one contact hour. Ten CPE maximum);
4.4.2.9 Poster Sessions: Dietetics-related poster sessions, such as those seen at the Academy of Nutrition and Dietetics Food and Nutrition Conference and Expo, can be awarded CPEUs. (One-half CPE is equivalent to one-half contact hour. Five CPE maximum);
4.4.2.10 Professional Leadership: Holding an elected or appointed office in a dietetics or dietetics-related national, state, or district organization that contributes to the acquisition of leadership skills and professional development. (Three CPEs per office held per year. Six CPE maximum); and
4.4.2.11 Professional Reading: Peer-reviewed, dietetics or nutritions-related articles from professional journals and professional newsletters. Online journals are acceptable. Articles in professional newsletters must be identified as peer reviewed. The article must be read within 5 years of the date the article was published. (Reading one article is equivalent to one-half CPE. Five CPE maximum)
4.5 Audit of Continuing Education Hours
4.5.1 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage of licensees, determined by the Board, to be audited. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.
4.5.2 Documentation. When a licensee is selected for audit, the licensee shall be required to submit documentation showing detailed accounting of the various hours claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board shall attempt to verify the hours shown on the documentation provided by the licensee. Upon completion of the review, the Board will determine whether the licensee's hours meet the requirements of these rules.
4.5.2.1 Any continuing education not meeting all provisions of these rules will be rejected in part or in whole by the Board.
4.5.2.2 Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Board.
4.5.2.3 Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Board. This continuing education will not be counted towards the next renewal period.
4.6 Board Review and Hearing Process. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified and a hearing will be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if the licensee has met the requirement and if not, if there are any extenuating circumstances justifying the noncompliance with these requirements. Unjustified noncompliance with these regulations shall be considered unprofessional conduct in the practice of polysomnography and subject to discipline.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-5.0 Licensure-Renewal
5.1 The biennial licensure period expires on May 31 of every odd-numbered year. A licensee may have his/her license renewed by submitting a renewal application to the Board by the renewal date and upon payment of the renewal fee prescribed by the Division of Professional Regulation (Division) along with an attestation of completion of the continuing education requirements. License renewal may be accomplished online at the Division’s website. Alternatively, licensees may submit paper renewal documents. Requests for paper renewal forms must be directed to the Division.
5.2 Any licensee who fails to renew his/her license by the renewal date may reactivate his/her license during the one (1) year period immediately following the license expiration date provided the licensee pays a late fee in addition to the prescribed renewal fee, submits an application on an appropriate form to the Board and provides proof that he/she completed the required continuing education.
5.3 No LDN will be permitted to renew his/her license once the one-year period has expired but the former licensee may re-apply under the same conditions that govern applicants for licensure under 24 Del.C. Ch. 38.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-6.0 Code of Ethics. [24 Del.C. §3811(a)(4).]
6.1 The LDN provides professional service with objectivity and with respect for the unique needs and values of individuals, avoiding discrimination on the basis of race, creed, gender, national origin, age or disability.
6.2 The LDN accurately presents professional qualifications and credentials and does not permit the use of these credentials by an unqualified person.
6.3 The LDN remains free of conflict of interest and promotes or endorses products/services in a manner that is neither false nor misleading.
6.4 The LDN assumes responsibility and accountability for personal competence in practice through continuing professional education and adherence to accepted standards of practice.
6.5 The LDN shall recognize and exercise professional judgment within the limits of his/her qualifications and shall not accept or perform professional responsibilities which the LDN is not qualified to perform.
6.6 The LDN practices nutrition/dietetics based on scientific principles and current substantiated information without personal bias, enabling clients to make informed decisions.
6.7 The LDN maintains the confidentiality of information obtained from clients and maintains records relating to services provided to a client in the course of a professional relationship.
6.8 The LDN conducts himself/herself with honesty, integrity and fairness, advertises services in a factual, straightforward manner, and fulfills professional commitments in good faith.
6.9 The LDN shall not engage in dietetic practice while under the influence of alcohol or drugs which impair the provision of such practice.
6.10 The LDN shall be responsible for reporting alleged misrepresentation or violations of the Code of Ethics to the State Committee of Dietetics/Nutrition.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-7.0 Crimes Substantially Related To Provision Of Dietetic/Nutrition Services.
7.1 For the purposes of this section the following definition shall apply:
7.1.1 “Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program). Including all crimes prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
7.2 Conviction of any of the following crimes in Title 11, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the provision of Dietetics/Nutrition services as a LDN in the State of Delaware without regard to the place of conviction:
7.2.1 §501 Criminal solicitation in the third degree
7.2.2 §502 Criminal solicitation in the second degree
7.2.3 §503 Criminal solicitation in the first degree
7.2.4 §511 Conspiracy in the third degree
7.2.5 §512 Conspiracy in the second degree
7.2.6 §513 Conspiracy in the first degree
7.2.7 §601 Offensive touching; Class A Misdemeanor
7.2.8 §602. Menacing;
7.2.9 §603. Reckless endangering in the second degree;
7.2.10 §604. Reckless endangering in the first degree;
7.2.11 §605. Abuse of a pregnant female in the second degree;
7.2.12 §606. Abuse of a pregnant female in the first degree;
7.2.13 §611. Assault in the third degree;
7.2.14 §612. Assault in the second degree;
7.2.15 §613. Assault in the first degree;
7.2.16 §615 Assault by abuse or neglect;
7.2.17 §621 Terroristic threatening;
7.2.18 §625 Unlawfully administering drugs;
7.2.19 §626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
7.2.20 §629 Vehicular assault in the first degree;
7.2.21 §630 Vehicular homicide in the second degree;
7.2.22 §630A Vehicular homicide in the first degree;
7.2.23 §631 Criminally negligent homicide;
7.2.24 §632 Manslaughter;
7.2.25 §633 Murder by abuse or neglect in the second degree;
7.2.26 §634 Murder by abuse or neglect in the first degree;
7.2.27 §635 Murder in the second degree;
7.2.28 §636 Murder in the first degree;
7.2.29 §645 Promoting suicide.
Sexual Offenses
7.2.30 §763 Sexual harassment;
7.2.31 §764 Indecent exposure in the second degree;
7.2.32 §765 Indecent exposure in the first degree;
7.2.33 §766 Incest;
7.2.34 §767 Unlawful sexual contact in the third degree;
7.2.35 §768 Unlawful sexual contact in the second degree;
7.2.36 §769 Unlawful sexual contact in the first degree;
7.2.37 §770 Rape in the fourth degree;
7.2.38 §771 Rape in the third degree;
7.2.39 §772 Rape in the second degree;
7.2.40 §773 Rape in the first degree;
7.2.41 §776 Sexual extortion;
7.2.42 §777 Bestiality;
7.2.43 §778 Continuous sexual abuse of a child;
7.2.44 §780 Female genital mutilation.
7.2.45 §781 Unlawful imprisonment in the second degree;
7.2.46 §782 Unlawful imprisonment in the first degree;
7.2.47 §783 Kidnapping in the second degree;
7.2.48 §783A Kidnapping in the first degree;
7.2.49 §791 Acts constituting coercion;
7.3 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
7.3.1 §801 Arson in the third degree;
7.3.2 §802 Arson in the second degree;
7.3.3 §803 Arson in the first degree;
7.3.4 §811 Criminal mischief, Felony.
7.3.5 §820 Trespassing with intent to peer or peep into a window or door of another;
7.3.6 §824 Burglary in the third degree;
7.3.7 §825 Burglary in the second degree;
7.3.8 §826 Burglary in the first degree;
7.3.9 §828 Possession of burglar’s tools or instruments facilitating theft;
Robbery
7.3.10 §831 Robbery in the second degree;
7.3.11 §832 Robbery in the first degree.
7.3.12 §835 Carjacking in the second degree;
7.3.13 §836 Carjacking in the first degree;
7.3.14 §840 Shoplifting; Felony
7.3.15 §841 Theft;
7.3.16 §846 Extortion;
7.3.17 §854 Identity theft;
7.3.18 §860 Possession of shoplifter’s tools or instruments facilitating theft;
7.3.19 §861 Forgery
7.3.20 §862 Possession of forgery devices;
7.3.21 §871 Falsifying business records;
7.3.22 §873 Tampering with public records in the second degree;
7.3.23 §876 Tampering with public records in the first degree;
7.3.24 §877 Offering a false instrument for filing;
7.3.25 §878 Issuing a false certificate;
7.3.26 §903 Unlawful use of credit card; Felony.
7.3.27 §903 A Re-encoder and scanning devices;
7.3.28 §906 Deceptive business practices;
7.3.29 §907B Criminal impersonation of a police officer;
7.3.30 §908 Unlawfully concealing a will;
7.3.31 §909 Securing execution of documents by deception;
7.3.32 §913 Insurance fraud;
7.3.33 §913A Health care fraud;
7.4 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
7.4.1 §1100 Dealing in children;
7.4.2 §1101 Abandonment of child;
7.4.3 §1102 Endangering the welfare of a child;
7.4.4 §1105 Endangering the welfare of an incompetent person;
7.4.5 §1106 Unlawfully dealing with a child;
7.4.6 §1107 Endangering children;
7.4.7 §1108 Sexual exploitation of a child;
7.4.8 §1109 Unlawfully dealing in child pornography;
7.4.9 §1111 Possession of child pornography;
7.4.10 §1112 Sexual offenders; prohibitions from school zones.
7.4.11 §1112A Sexual solicitation of a child;
7.4.12 §1113 Criminal non-support and aggravated criminal non-support.
7.4.13 §1325 Cruelty to animals;
7.4.14 §1326 Animals; fighting and baiting prohibited;
7.4.15 §1327 Maintaining a dangerous animal, felony;
7.5 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
7.5.1 §1201 Bribery;
7.5.2 §1203 Receiving a bribe;
7.5.3 §1207 Improper influence;
7.5.4 §1211 Official misconduct
7.5.5 §1212 Profiteering
7.5.6 §1221 Perjury in the third degree;
7.5.7 §1222 Perjury in the second degree;
7.5.8 §1223 Perjury in the first degree;
7.5.9 §1233 Making a false written statement; class
7.5.10 §1240 Terroristic threatening of public officials or public servants
7.5.11 §1245 Falsely reporting an incident, felony;
7.5.12 §1250 Offenses against law-enforcement animals;
7.5.13 §1254 Assault in a detention facility;
7.5.14 §1256 Promoting prison contraband, felony;
7.5.15 §1257A Use of an animal to avoid capture, felony;
7.5.16 §1261 Bribing a witness;
7.5.17 §1262 Bribe receiving by a witness;
7.5.18 §1263 Tampering with a witness;
7.5.19 §1263A Interfering with child witness;
7.5.20 §1264 Bribing a juror;
7.5.21 §1265 Bribe receiving by a juror;
7.5.22 §1266 Tampering with a juror;
7.5.23 §1267 Misconduct by a juror;
7.5.24 §1269 Tampering with physical evidence;
7.5.25 §1273 Unlawful grand jury disclosure;
7.6 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
7.6.1 §1302 Riot;
7.6.2 §1304 Hate crimes;
7.6.3 §1312 Aggravated harassment;
7.6.4 §1312A Stalking. felony;
7.6.5 §1313 Malicious interference with emergency communications;
7.6.6 §1331 Desecration;
7.6.7 §1332 Abusing a corpse;
7.6.8 §1333 Trading in human remains and associated funerary objects.
7.6.9 §1335 Violation of privacy;
7.6.10 §1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;
7.6.11 §1339 Adulteration;
7.6.12 §1340 Desecration of burial place.
7.6.13 §1341 Lewdness;
7.6.14 §1351 Promoting prostitution in the third degree;
7.6.15 §1352 Promoting prostitution in the second degree;
7.6.16 §1353 Promoting prostitution in the first degree;
7.6.17 §1355 Permitting prostitution;
7.6.18 §1361 Obscenity; acts constituting;
7.6.19 §1365 Obscene literature harmful to minors
7.7 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated:
7.7.1 §4751 Prohibited acts A;
7.7.2 §4752 Prohibited acts B;
7.7.3 §4752A Unlawful delivery of noncontrolled substance;
7.7.4 §4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs;
7.7.5 §4754A Possession and delivery of noncontrolled prescription drug (felony);
7.7.6 §4755 Prohibited acts E;
7.7.7 §4756 Prohibited acts;
7.7.8 §4757 Hypodermic syringe or needle; delivering or possessing (felony); disposal (felony);
7.7.9 §4761 Distribution to persons under 21 years of age;
7.7.10 §4761A Purchase of drugs from minors;
7.7.11 §4767 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;
7.7.12 §4768 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship;
7.7.13 §4774 Drug Paraphernalia (felony).
7.8 Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
7.8.1 §1442 Carrying a concealed deadly weapon;
7.8.2 §1443 Carrying a concealed dangerous instrument;
7.8.3 §1444 Possessing a destructive weapon;
7.8.4 §1445a Unlawfully dealing with a dangerous weapon (felony);
7.8.5 §1446 Unlawfully dealing with a switchblade knife;
7.8.6 §1447 Possession of a deadly weapon during commission of a felony;
7.8.7 §1447A Possession of a firearm during commission of a felony;
7.8.8 §1448 Possession and purchase of deadly weapons by persons prohibited;
7.8.9 §1448A Criminal history record checks for sales of firearms
7.8.10 §1449 Wearing body armor during commission of felony;
7.8.11 §1450 Receiving a stolen firearm;
7.8.12 §1451 Theft of a firearm;
7.8.13 §1452 Unlawfully dealing with knuckles-combination knife;
7.8.14 §1453 Unlawfully dealing with martial arts throwing star;
7.8.15 §1454 Giving a firearm to person prohibited;
7.8.16 §1455 Engaging in a firearms transaction on behalf of another;
7.8.17 §1456 Unlawfully permitting a minor access to a firearm;
7.8.18 §1457 Possession of a weapon in a Safe School and Recreation Zone;
7.8.19 §1458 Removing a firearm from the possession of a law enforcement officer;
7.8.20 §1459 Possession of a weapon with a removed, obliterated or altered serial number;
7.8.21 §1504 Organized Crime & Racketeering;
7.8.22 §3532 Acts of Intimidation;
7.8.23 §3533 Aggravated act of intimidation;
7.8.24 §3534 Attempt to Intimidate;
Other Crimes
7.8.25 Title 16 §1136 Violations – neglect or abuse of patient or resident of nursing facilities;
7.8.26 Title 23 §2302 – Operation of a vessel or boat while under the influence of intoxicating liquor or drugs (Felony under §2305);
7.8.27 Title 30 §571 Attempt to evade or defeat tax;
7.8.28 Title 30 §572 Failure to collect or pay over tax;
7.8.29 Title 30 §574 Fraud and false statements (felony);
7.8.30 Title 31 §§1003,1004 and 1005 (felony under §1007);
7.8.31 Title 21 §2810 Driving after judgment prohibited;
7.8.32 Title 21 §4177 Driving a vehicle while under the influence or with a prohibited alcohol content, (felony);
7.8.33 Title 21 §4177J Drinking while driving prohibited;
7.8.34 Title 21 §6704 Receiving or transferring stolen vehicle
7.8.35 Title 21 §6705 Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identify, (felony);
7.8.36 Title 7 §1717 Unauthorized Acts against a Service Guide or Seeing Eye Dog, (class D felony);
7.8.37 Title 11 §2402 Interception of Communications Generally; Divulging Contents of Communications;
7.8.38 Title 11 §2403 Manufacture, Possession or Sale of Intercepting Device;
7.8.39 Title 11 §2410 Breaking and Entering, Etc. to Place or Remove Equipment;
7.8.40 Title 11 §2412 Obstruction, Impediment or Prevention of Interception;
7.8.41 Title 11 §2421 Obtaining, Altering or Preventing Authorized Access;
7.8.42 Title 11 §2422 Divulging Contents of Communications;
7.8.43 Title 11 §2431 Installation and Use Generally [of pen trace and trap and trace devices];
7.8.44 Title 11 §8523 Penalties [Criminal History Record Information-penalties for violation of reporting provision re: SBI], (felony);
7.8.45 Title 11 §8562 - for failure of child-care provider to obtain information [Criminal History Record Information] required under §8561 or for those providing false information;
7.8.46 Title 11 §8572 [Providing false information when seeking employment in a public school];
7.8.47 Title 16 §914 Penalty for Violation [of reporting requirements involving abuse under §903];
7.8.48 Title 16 §2513 Penalties [relating to improper health-care decisions] (falsification, destruction of a document to create a false impression that measures to prolong life have been authorized);
7.8.49 Title 16 §7112 Penalties [for violations of chapter [Sale, Use, Etc., of Explosive Materials other than §7103] (felony);
7.8.50 Title 23 §2303 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/or Drugs (Felony);
7.8.51 Title 31 §3913 Violations [knowing or reckless abuse of an infirm adult];
7.9 Any crime which is a violation of Title 24, Chapter 38 (Dietetics and Nutrition Practice Act) as it may be amended from time to time.
7.10 Crimes substantially related to the provision of services as a LDN shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-8.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
8.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
8.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
8.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings as appropriate.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-9.0 Telehealth
9.1 Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including dietetics and nutrition-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
9.2 The licensed dietitian/nutritionist (referred to as "licensee" for the purpose of this Board Rule) who provides treatment through telehealth shall meet the following requirements:
9.2.1 Location of patient during treatment through telehealth
9.2.1.1 The licensee shall have an active Delaware license in good standing to practice telehealth in the state of Delaware.
9.2.1.2 Licensees understand that this rule does not provide licensees with authority to practice telehealth to clients located in any jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the practice of telehealth set forth by other jurisdictional boards dietetics and nutrition.
9.2.1.3 Licensees practicing telehealth shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of dietetics and nutrition.
9.2.2 Informed consent
9.2.2.1 Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:
9.2.2.1.1 The use of electronic communications in the provision of care;
9.2.2.1.2 The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
9.2.2.1.3 The potential disruption of electronic communication in the use of telehealth.
9.2.3 Confidentiality: The licensee shall ensure that the electronic communication is secure to maintain confidentiality of the patient's medical information as required by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable Federal and State laws. Confidentiality shall be maintained through appropriate processes, practices and technology, including disposal of electronic equipment and data.
9.2.4 Competence and scope of practice
9.2.4.1 The licensee shall be responsible for determining and documenting that telehealth is an appropriate level of care for the patient.
9.2.4.2 The licensee shall comply with the Board's law and rules and regulations and all current standards of care requirements applicable to onsite care.
9.2.4.3 The licensee shall limit the practice of telehealth to the area of competence in which proficiency has been gained through education, training and experience.
9.2.4.4 All initial evaluations shall be performed face to face and not through audio-only communication.
9.2.4.5 The licensee shall document in the file or record which services were provided by telehealth.
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
24 Del. Admin. Code § 3800-10.0 Inactive status
10.1 A licensee may be placed on inactive status by the Board for a period of no more than five years. Requests for inactive status shall be made, in writing, to the Board.
10.2 To apply for reactivation of an inactive license, a licensee shall:
10.2.1 Submit a letter requesting reactivation;
10.2.2 Submit a prorated reactivation fee;
10.2.3 Submit proof of completion of the full CPE requirement within 24 months prior to reapplication.
21 DE Reg. 738 (03/01/18)
History
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 21 DE Reg. 738 (03/01/18)
- 8 DE Reg. 1288 (03/01/05)
- 11 DE Reg. 226 (08/01/07)
- 13 DE Reg. 414 (09/01/09)
- 19 DE Reg. 933 (04/01/16)
- 25 DE Reg. 201 (08/01/21)
4100 Delaware Board of Home Inspectors
24 Del. Admin. Code § 4100-1.0 Applications
1.1 All applications for licensure must be submitted on forms approved by the Board and the Division of Professional Regulation and be accompanied by the appropriate fee.
1.2 It is the responsibility of each licensee to be familiar, and in compliance, with the Board's licensing law, 24 Del.C. Ch. 41, and Rules and Regulations.
1.3 The Board may require additional information or explanation when it has questions about an applicant's qualifications or application materials. An application is not complete until the Board has received all required and requested documents, materials, information and fees.
1.4 Applications which are incomplete shall be retained for 1 year to allow an applicant the opportunity to supplement the application. After 1 year, incomplete applications are considered abandoned. Thereafter, an applicant must submit a new application with the appropriate fee.
1.5 Applicants must meet the requirements for licensure at the time their applications are submitted.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-2.0 Definitions
[24 Del.C. §4102]
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Active oversight" shall mean that the supervising home inspector is on the premises with the trainee and is readily available.
"Alarm systems" shall mean warning devices installed or free-standing, including, but not limited to, smoke detectors, carbon monoxide detectors, flue gas, and other spillage detectors, and security equipment.
"Automatic safety controls" shall mean devices designed and installed to protect systems and components from unsafe conditions.
"Component" shall mean a part of a system.
"Decorative" shall mean ornamental; not required for the proper operation of the essential systems and components of a home.
"Describe" shall mean to identify, in writing, a system or component by its type or other distinguishing characteristics.
"Dismantle" shall mean to take apart or remove any component, device, or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal maintenance.
"Engineering" shall mean the application of scientific knowledge for the design, control, or use of building structures, equipment, or apparatus.
"Further evaluation" shall mean examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.
"Household appliances" shall mean kitchen, laundry, or similar appliances, whether installed or free-standing.
"Inspect" shall mean the examination of any system or component or a building using normal operating controls and opening readily openable access panels.
"Installed" shall mean attached, such that removal requires tools.
"Normal operating controls" shall mean devices such as thermostats, switches, or valves intended to be operating by the homeowner.
"Readily accessible" shall mean available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to persons or property.
"Readily openable access panel" shall mean a panel provided for homeowner inspection and maintenance that is readily accessible, within normal reach, can be removed by one person, and is not sealed in place.
"Recreational facilities” shall mean spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic playground or other similar equipment, and associated accessories.
"Report" shall mean communicate in writing.
"Representative number" shall mean 1 component per room for multiple similar interior components such as windows, and electric receptacles; 1 component for each side of the building for multiple similar exterior components.
"Roof drainage systems" shall mean components used to carry water off a roof and away from the building.
"Shut down" shall mean a state in which a system or component cannot be operated by normal operating controls.
"Siding" shall mean exterior wall covering and cladding; such as: aluminum, asphalt, brick, cement/asbestos, EIFS, stone, stucco, veneer, vinyl, wood, etc.
"Solid fuel burning appliances" shall mean a hearth and fire chamber or similar prepared place in which a fire may be built and that is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.
"Structural component" shall mean a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).
"System" shall mean a combination of interacting or interdependent components, assembled to carry out 1 or more functions.
"Technically exhaustive" shall mean an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
"Under-floor crawl space" shall mean the area within the confines of the foundation and between the ground and the underside of the floor.
"Unsafe" shall mean a condition that is readily accessible, installed system or component that is judged by the home inspector to be a significant risk of bodily injury during normal day-to-day use; the risk may be due to damage, deterioration or improper installation.
"Wiring methods" shall mean identification of electrical conductors or wires by their general type, such as non-metallic sheathed cable, armored cable, or knob and tube, etc.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-3.0 Grandfather provision
[24 Del.C. §4108(d)]
3.1 All applications submitted pursuant to the grandfather provision set forth in 24 Del.C. §4108(d) shall be received by the Board on or before November 4, 2013. Only complete applications will be considered by the Board. Applications which are not received on or before November 4, 2013 shall not be eligible for licensure pursuant to the grandfather provision.
3.2 An applicant may qualify for the grandfather provision by either 1 of the following methods:
3.2.1 The applicant shall submit a log documenting no fewer than 250 home inspections in Delaware. The Board retains the discretion to request copies of sample home inspection reports for review to verify experience; or
3.2.2 The applicant shall show not less than 5 years' experience performing home inspections obtained prior to August 6, 2013. To document this experience, the applicant shall submit 1 of the following: a notarized affidavit from an employer or employers, or a written explanation as to why an affidavit cannot be obtained, or tax documents showing self-employment.
3.3 An application submitted pursuant to the grandfather provision must also include evidence in a form satisfactory to the Board that the applicant, or the applicant's employer, carries errors and omissions insurance in an amount equal to or greater than $50,000 and liability insurance in an amount equal to or greater than $250,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.
3.4 Trainee applicants may acquire supervised experience, as documented on a Board approved form, during the time period after the date of enactment of the statute until the deadline for submission of grandfather applications. However, that supervised experience shall satisfy the licensure requirements only if the supervisor becomes licensed under the grandfather provision within 3 months after making application.
3.5 A trainee will be permitted to obtain 1/2 credit for any unsupervised home inspections performed prior to November 4, 2013 so long as the application is submitted on or before November 4, 2013. In other words, a trainee will receive 1 credit for every 2 unsupervised inspections performed prior to November 4, 2013. The trainee shall indicate any such inspections on their home inspection experience log.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-4.0 Licensure Requirements
Each applicant, other than endorsement applicants, for a home inspector license must provide the Board with the following, or have this information provided from the appropriate source, where indicated:
4.1 Evidence in a form satisfactory to the Board that the applicant has successfully completed high school or its equivalent. Such evidence includes a certified transcript or confirmation of G.E.D.
4.2 Evidence in a form satisfactory to the Board that the applicant has successfully passed the examination designated by the Board in Section 11.0. Evidence shall include confirmation from the authorized testing agency that the applicant has achieved a passing score on the Board-approved examination.
4.3 Evidence in a form satisfactory to the Board that the applicant has completed the education requirements set forth in Section 5.0. Evidence shall include a certificate or other acknowledgment of completion of the education requirement that is submitted to the Board by the applicant. This document shall identify the course, the course provider and location, and the date completed.
4.4 For trainee applicants:
4.4.1 Evidence in a form satisfactory to the Board that the applicant has completed the trainee requirements. The applicant shall submit a log on a Board-approved form documenting the experience. The applicant will not receive credit for supervised home inspections performed prior to the date the trainee registration was granted. The Board retains the discretion to request copies of sample home inspection reports for review to verify experience.
4.5 For non-trainee/experience applicants at least 1 of the following:
4.5.1 Evidence in a form satisfactory to the Board of not less than 5 years' experience performing home inspections such as a notarized affidavit from an employer or employers, business license or tax documents showing self-employment and a log of home inspections.
4.5.2 A log documenting no fewer than 75 home inspections, and evidence that the applicant is a certified member of the American Society of Home Inspectors ("ASHI"), National Association of Home Inspectors ("NAHI"), or International Association of Certified Home Inspectors ("INTERNACHI"). The Board may request copies of sample home inspection reports to verify experience.
4.6 Evidence in a form satisfactory to the Board that the applicant, or the applicant's employer, carries errors and omissions insurance in an amount equal to or greater than $50,000 and liability insurance in an amount equal to or greater than $250,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.
4.7 An applicant who previously held a Delaware license as a home inspector or home inspector trainee re-applying shall submit evidence of having completed at least 40 hours of continuing education in accordance with Section 16.0 for the 2-year period leading up to the date of application.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-5.0 Education
5.1 To qualify for licensure, all applicants must successfully complete a course of study, consisting of at least 140 hours of classroom or online training, which has been approved by the Board, the American Society of Home Inspectors ("ASHI") or the International Association of Certified Home Inspectors ("INTERNACHI").
5.2 The classroom or online training must include instruction in the following topics:
5.2.1 Heating systems;
5.2.2 Cooling systems;
5.2.3 Electrical systems;
5.2.4 Plumbing systems;
5.2.5 Structural components;
5.2.6 Foundations;
5.2.7 Roof coverings;
5.2.8 Exterior;
5.2.9 Interior;
5.2.10 Insulation and ventilation;
5.2.11 Manufactured housing;
5.2.12 Home inspection documents, forms and contracts;
5.2.13 Delaware licensure law;
5.2.14 Report writing.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-6.0 Registration as Trainee
[24 Del.C. §4109]
A trainee applicant shall submit an application on a Board-approved form, which shall include verification of supervision to be completed and signed by the supervising home inspector.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-7.0 Temporary license
[24 Del.C. §4110]
A temporary license issued pursuant to 24 Del.C. §4110 is valid for a single home inspection for a period of 10 days from the date of issuance. An applicant may receive a maximum of 5 temporary licenses per year. The temporary license must be obtained prior to the home inspection.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-8.0 Licensure by endorsement (Reciprocity)
[24 Del.C. §4111]
The Board may grant a reciprocal license in accordance with 24 Del.C. §4111 to applicants licensed in another state.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-9.0 Responsibilities of supervising home inspector
9.1 To qualify as a supervisor, a home inspector shall hold a Delaware home inspector's license in good standing.
9.2 The supervising home inspector shall only supervise registered home inspection trainees and supervise no more than 2 trainees for each inspection. The supervising home inspector shall notify the Board in writing when the inspector is no longer supervising the trainee.
9.3 The registered trainee may assist in the home inspection and completion of the home inspection report and may co-sign the report, provided that:
9.3.1 The trainee works under the direct oversight of the supervising home inspector.
9.3.2 The supervising home inspector only assigns work to the trainee if the trainee is competent to perform such work.
9.3.3 The home inspection report is reviewed and signed by the supervising home inspector.
9.3.4 If co-signed by the trainee, the home inspection report shall indicate the trainee's status with the registration number issued by the Board.
9.3.5 The supervising home inspector accepts total responsibility for the home inspection report.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-10.0 Responsibilities of registered home inspector trainee
10.1 The trainee shall complete at least 75 home inspections under the active oversight of a licensed home inspector(s). The trainee may not begin performing supervised home inspections until his/her application for registration as a home inspector trainee is granted by the Board.
10.1.1 Trainee applicants may acquire supervised experience, as documented on a Board approved form, during the time period after the date of enactment of the statute until the deadline for submission of grandfather applications. However, that supervised experience shall satisfy the licensure requirements only if the supervisor becomes licensed under the grandfather provision within 3 months after making application.
10.1.2 The trainee applicant will be permitted to obtain 1/2 credit for any unsupervised home inspections performed prior to November 4, 2013 so long as the application is submitted on or before November 4, 2013. In other words, a trainee will receive 1 credit for every 2 unsupervised inspections performed prior to November 4, 2013. The trainee shall indicate any such inspections on their home inspection experience log.
10.2 The trainee shall maintain a home inspection experience log on a Board-approved form certified by the supervising home inspector(s).
10.3 The trainee shall ensure that the log is available at all times for inspection by the Board.
10.4 While performing home inspections, the trainee shall carry the registration card issued by the Board.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-11.0 Examination
Prior to submitting an application for licensure as a home inspector, an applicant shall be required to pass the National Home Inspector Examination® as provided by the Examination Board of Professional Home Inspectors, or its predecessor or successor.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-12.0 Lapse and Renewal of Licenses
12.1 The biennial licenses granted by the Board shall lapse on August 31 of each odd-numbered year beginning in 2015, or on such other date as is specified by the Division of Professional Regulation. It is the responsibility of the licensee to renew his or her license. The failure of the Board to notify a licensee of the expiration date does not in any way relieve the licensee of the requirements of renewal. License renewal shall be accomplished online at the Division of Professional Regulation's website.
12.2 At the time of renewal, the licensee shall attest to completion of the continuing education requirements. Extra continuing education hours do not carry over to the next licensing period. Licensees may be audited by the Board for compliance with the continuing education requirements.
12.3 A license is lapsed when a licensee has failed to either complete the requirements for renewal or obtain permission for inactive status. A licensee may activate a lapsed license within 6 months of the date renewal was due by meeting all renewal requirements and paying an additional fee set by the Division of Professional Regulation.
12.4 An individual whose license has lapsed for more than 6 months must reapply as a new applicant.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-13.0 Inactive License or Certificate; Expiration; Reactivation
13.1 A licensee with a valid license may request in writing to be placed on inactive status. Inactive status can be effective for up to 3 years.
13.2 An inactive license may be reactivated by the Board upon written request on a form designated by the Board, proof that the licensee has completed the continuing education required by Section 16.0, and payment of a prorated fee to be computed by the Division of Professional Regulation.
13.3 A licensee is not authorized to work as a home inspector in this State during the period of inactive status.
13.4 If an individual does not reactivate the individual’s license within 3 years, the individual shall reapply, and in addition must complete 40 hours of continuing education within the past 2 years.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-14.0 License Renewal and Reactivation for Military Personnel and Military Spouses
License renewal and reactivation for military personnel and military spouses is governed by 29 Del.C. §§8735(p), (q) and (r).
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-15.0 Change of Address
A licensee shall notify the Board of any change of address from that registered with the Board. Such notice shall be sent to the Board no later than 30 days following the change of address.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-16.0 Continuing Education ("CE")
16.1 Licensees shall complete 40 hours of approved CE by August 31 of each biennial renewal period.
16.1.1 This requirement is prorated for licensees during their initial licensing period as follows:
16.1.1.1 A person licensed less than 1 year does not need to complete CE at the first renewal.
16.1.1.2 A person licensed 1 year but less than 2 years must submit 20 CE hours at the first renewal.
16.1.2 An "hour" for purposes of continuing education credit shall mean 50 minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit.
16.2 Hardship: The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation of hardship.
16.3 Acceptable CE
16.3.1 Programs must be structured to maintain or increase a licensee's skill, knowledge, and competency in home inspection.
16.3.2 Courses must be approved by the Board, ASHI, or INTERNACHI in order to qualify as CE. Board approved courses appear on the website of the Division of Professional Regulation.
16.3.3 Course providers and licensees may request Board approval of courses at any time by submitting a written request to the Board and including a course outline with the number of classroom hours and the curriculum vitae or resume of the instructor. Course providers and licensees seeking pre-approval should submit the request a sufficient amount of time in advance of the CE course to permit the Board to consider the request at a regularly-scheduled Board meeting. Board approval shall expire 2 years after the approval date. If the course is amended at any time during the 2 years, the sponsor or licensee shall submit a new Application Form.
16.3.4 A licensee may not take the same course more than twice in a licensure renewal period.
16.3.5 Continuing education must fall into 1 of the following categories:
16.3.5.1 Conferences, meetings, and seminars
16.3.5.2 Distance learning (home study or online learning)
16.3.5.3 Guest inspector on a ride along, up to 2 hours per licensure cycle. These credits may not be used by a trainee.
16.3.5.4 Host inspector on a ride along, up to 2 hours per licensure cycle. These hours may not be used for credit under subsection 16.3.5.11.
16.3.5.5 Participation as a Delaware Board of Home Inspectors board member, up to 10 hours per licensure cycle
16.3.5.6 Author a published article/paper on inspection issues, up to 5 hours per licensure cycle
16.3.5.7 Author a published book on inspection, up to 10 hours per licensure cycle
16.3.5.8 Instructor/speaker for a course or seminar, up to 3 hours per licensure cycle. Credit may only be given for the first time the course or seminar is taught.
16.3.5.9 Participation in a code authoring agency, up to 1 hour per licensure cycle
16.3.5.10 Host or guest on a radio or TV program on home inspection, up to 2 hours per licensure cycle
16.3.5.11 Board-approved supervising home inspector, training a registered trainee, up to 20 hours per licensure cycle.
16.4 Verification
16.4.1 Proof of continuing education is satisfied with an attestation by the licensee that the licensee has satisfied the requirements of Section 16.0. Attestation shall be completed electronically.
16.4.2 Licensees selected for audit will be required to supplement the attestation with attendance verification. Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 16.0.
16.4.2.1 Audits will be performed by the Board to ensure compliance with the license requirements. Licensees selected for the audit shall submit verification of the required CE and verification that they maintained the required liability and errors and omissions insurance and any other information required by the Board to confirm their continued eligibility for the license.
16.4.2.2 In a renewal year, the Board will notify licensees within 60 days after renewal that they have been selected for audit.
16.4.2.3 Licensees selected for audit shall submit verification within 30 days of mailing of notification of selection for audit.
16.4.2.4 The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §4114(a)(5) and the licensee may be subject to 1 or more of the disciplinary sanctions set forth in 24 Del.C. §4116.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-17.0 Code of ethics
17.1 Home inspectors shall avoid conflicts of interest or activities that compromise, or appear to compromise, professional independence, objectivity, or inspection integrity.
17.1.1 Home inspectors shall not inspect property for compensation in which they have, or expect to have, a financial interest.
17.1.2 Home inspectors shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of the property.
17.1.3 Home inspectors, or their employees or employers, shall not directly or indirectly compensate real estate agents, or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers, or similar arrangements.
17.1.4 Home inspectors shall not receive compensation for an inspection from more than 1 party unless agreed to by the client(s).
17.1.5 Home inspectors shall not accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.
17.1.6 Home inspectors shall not repair, replace, or upgrade, for compensation, systems or components covered by Delaware standards of practice, for 1 year after the inspection.
17.2 Home inspectors shall act in good faith toward each client and other interested parties.
17.2.1 Home inspectors shall perform services and express opinions based on genuine conviction and only within their areas of education, training, or experience.
17.2.2 Home inspectors shall be objective in their reporting and not knowingly understate or overstate the significance of reported conditions.
17.2.3 Home inspectors shall not disclose inspection results or client information without client approval. Home inspectors, at their discretion, may disclose immediate safety hazards to occupants exposed to such hazards, when feasible.
17.3 Home inspectors shall avoid activities that may harm the public, discredit themselves, or reduce public confidence in the profession.
17.3.1 Advertising, marketing, and promotion of home inspectors' services or qualifications shall not be fraudulent, false, deceptive, or misleading.
17.3.2 Home inspectors shall not provide oral reports.
17.3.3 Home inspectors shall report substantive and willful violations of the Board's Code of Ethics to the Division of Professional Regulation.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-18.0 Standards of practice
18.1 Purpose and scope
18.1.1 The purpose of the Standards of Practice is to establish minimum and uniform standards for home inspectors.
18.1.2 Inspection. Home inspectors shall inspect readily accessible, visually observable, installed systems and components listed in this section.
18.1.3 Written report. The home inspector's report must be in writing and legible. Oral reports are prohibited. All reports must include:
18.1.3.1 Identification of those systems and components inspected that, in the professional judgment of the licensee, are not functioning properly, significantly deficient, unsafe, or are near the end of their service lives.
18.1.3.2 Recommendations to correct, or monitor for future correction, the deficiencies reported in subsection 18.1.3.1, or items needing further evaluation, except that, as set forth in subsection 18.1.4.2, licensees are not required to determine methods, materials, or costs of corrections.
18.1.3.3 Reasoning or explanation as to the nature of the deficiencies reported in subsection 18.1.3.1 that is not self-evident.
18.1.3.4 Systems and components designated for inspection as set forth in this section that were present at the time of the home inspection but were not inspected, and the reasons that they were not inspected.
18.1.4 This section does not prohibit home inspectors from:
18.1.4.1 Including other inspections services or systems and components, in addition to those required in subsection 18.1.2.
18.1.4.2 Designing or specifying repairs, providing the licensee is appropriately qualified and willing to do so.
18.1.4.3 Excluding systems and components from the inspection, if requested by the client.
18.2 Structural components
18.2.1 The home inspector shall inspect:
18.2.1.1 Structural components including the foundation and framing.
18.2.1.2 A representative number of structural components, by probing, where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing would damage any finished surface or where no deterioration is visible or presumed to exist.
18.2.2 The written report shall include description of:
18.2.2.1 The methods used to inspect under-floor crawl spaces and attics.
18.2.2.2 The foundation.
18.2.2.3 The floor structure.
18.2.2.4 The wall structure.
18.2.2.5 The ceiling structure.
18.2.2.6 The roof structure.
18.2.3 The home inspector is not required to:
18.2.3.1 Provide any engineering or architectural services or analysis.
18.2.3.2 Offer an opinion as to the adequacy of any structural system or component.
18.3 Exterior
18.3.1 The home inspector shall inspect:
18.3.1.1 Siding, flashing, and trim.
18.3.1.2 All exterior doors.
18.3.1.3 Attached or adjacent decks, balconies, stoops, steps, porches, and their associated railings.
18.3.1.4 Eaves, soffits, and fascias where accessible from the ground level.
18.3.1.5 Vegetation, grading, surface drainage, and retaining walls that are likely to adversely affect the building.
18.3.1.6 Adjacent or entryway walkways, patios, and driveways.
18.3.2 The written report shall include description of:
18.3.2.1 Siding.
18.3.3 The home inspector is not required to inspect:
18.3.3.1 Screening, shutters, awnings, and similar seasonal accessories.
18.3.3.2 Fences.
18.3.3.3 Geological and/or soil conditions.
18.3.3.4 Recreational facilities.
18.3.3.5 Outbuildings, other than garages and carports.
18.3.3.6 Seawalls, break-walls, and docks.
18.3.3.7 Erosion control and earth stabilization measures.
18.4 Roofing
18.4.1 The home inspector shall inspect:
18.4.1.1 Roofing materials.
18.4.1.2 Roof drainage systems.
18.4.1.3 Flashing.
18.4.1.4 Skylights, chimneys, and roof penetrations.
18.4.2 The written report shall include description of:
18.4.2.1 Roofing materials.
18.4.2.2 Methods used to inspect the roofing.
18.4.3 The home inspector is not required to inspect:
18.4.3.1 Antennae.
18.4.3.2 Interiors of flues or chimneys that are not readily accessible.
18.4.3.3 Other installed accessories.
18.5 Plumbing
18.5.1 The home inspector shall inspect:
18.5.1.1 Interior water supply and distribution systems, including all fixtures and faucets.
18.5.1.2 Drain, waste, and vent systems, including all fixtures.
18.5.1.3 Water heating equipment and hot water supply system.
18.5.1.4 Vent systems, flues, and chimneys.
18.5.1.5 Visible fuel storage and fuel distribution systems.
18.5.1.6 Drainage sumps, sump pumps, and related piping.
18.5.2 The written report shall include description of:
18.5.2.1 Water supply, drain, waste, and vent piping materials.
18.5.2.2 Water heating equipment, including energy source(s).
18.5.2.3 Location of main water and fuel shut-off valves.
18.5.3 The home inspector is not required to:
18.5.3.1 Inspect:
18.5.3.1.1 Clothes washing machine connections.
18.5.3.1.2 Interiors of flues or chimneys that are not readily accessible.
18.5.3.1.3 Wells, well pumps, or water storage related equipment.
18.5.3.1.4 Water conditioning systems.
18.5.3.1.5 Solar water heating systems.
18.5.3.1.6 Fire and lawn sprinkler systems.
18.5.3.1.7 Private waste disposal systems.
18.5.3.1.8 Backflow prevention device.
18.5.3.2 Determine:
18.5.3.2.1 Whether water supply and sewage disposal are public or private.
18.5.3.2.2 Water supply quantity or quality.
18.5.3.3 Measure water supply flow and pressure, and well water quantity.
18.5.3.4 Fill shower pans and fixtures to test for leaks.
18.5.3.5 Operate automatic safety controls or manual stop valves.
18.6 Electrical
18.6.1 The home inspector shall inspect:
18.6.1.1 Service drop.
18.6.1.2 Service entrance conductors, cables, and raceways.
18.6.1.3 Service equipment and main disconnects.
18.6.1.4 Service grounding.
18.6.1.5 Interior components of service panels and sub-panels.
18.6.1.6 Visible conductors.
18.6.1.7 Overcurrent protection devices.
18.6.1.8 A representative number of installed lighting fixtures, switches, and receptacles.
18.6.1.9 Ground fault circuit interrupters.
18.6.2 The written report shall include description of:
18.6.2.1 Amperage and voltage rating of the service.
18.6.2.2 Location of main disconnect(s) and panels.
18.6.2.3 Presence of solid conductor aluminum branch circuit wiring and visible knob and tube wiring.
18.6.2.4 Absence of smoke detectors.
18.6.2.5 Type of wiring.
18.6.3 The home inspector is not required to:
18.6.3.1 Inspect:
18.6.3.1.1 Remote control devices.
18.6.3.1.2 Or test smoke and carbon monoxide alarms, security systems and other signaling and warning devices.
18.6.3.1.3 Low voltage wiring systems and components.
18.6.3.1.4 Ancillary wiring systems and components not part of the primary electrical power distribution system.
18.6.3.1.5 Solar, geothermal, wind and other renewable energy systems.
18.6.3.1.6 Emergency backup power systems.
18.6.3.2 Measure amperage, voltage, or impedance.
18.7 Heating
18.7.1 The home inspector shall:
18.7.1.1 Open readily accessible access panels.
18.7.1.2 Inspect:
18.7.1.2.1 Installed heating equipment.
18.7.1.2.2 Vent systems, flues, and chimneys.
18.7.1.2.3 Distribution systems.
18.7.2 The written report shall include description of:
18.7.2.1 Energy sources.
18.7.2.2 Heating systems.
18.7.3 The home inspector is not required to:
18.7.3.1 Inspect:
18.7.3.1.1 Interiors of bent systems flues and chimneys that are not readily accessible.
18.7.3.1.2 Heat exchangers.
18.7.3.1.3 Humidifiers or dehumidifiers.
18.7.3.1.4 Electronic air filters.
18.7.3.1.5 Solar, geothermal, and other renewable energy heating systems.
18.7.3.1.6 Heat-recovery and similar whole-house mechanical ventilation systems.
18.7.3.2 Determine:
18.7.3.2.1 Heat supply adequacy and distribution balance.
18.7.3.2.2 The adequacy of combustion air components.
18.8 Air conditioning
18.8.1 The home inspector shall:
18.8.1.1 Open readily accessible access panels.
18.8.1.2 Inspect
18.8.1.2.1 Central and through-wall equipment.
18.8.1.2.2 Distribution systems.
18.8.2 The written report shall include description of:
18.8.2.1 Energy source(s).
18.8.2.2 Cooling systems.
18.8.3 The home inspector is not required to:
18.8.3.1 Inspect electronic air filters.
18.8.3.2 Determine cooling supply adequacy or distribution balance.
18.8.3.3 Inspect window air conditioning units regardless of placement.
18.8.3.4 Operate air conditioning units when the outside temperature is below 60 degrees.
18.9 Interior
18.9.1 The home inspector shall inspect:
18.9.1.1 Walls, ceilings, and floors.
18.9.1.2 Steps, stairways, and railings.
18.9.1.3 Countertops and a representative number of installed cabinets.
18.9.1.4 A representative number of doors and windows.
18.9.1.5 Garage doors and garage door openers.
18.9.2 The home inspector is not required to inspect:
18.9.2.1 Paint, wallpaper, and other finish treatments.
18.9.2.2 Floor coverings.
18.9.2.3 Window treatments.
18.9.2.4 Central vacuum systems.
18.9.2.5 Household appliances.
18.9.2.6 Recreational facilities.
18.9.2.7 Appliance thermostats including their calibration, adequacy of heating elements, self cleaning oven cycles, indicator lights, door seals, timers, clocks, timed features and other specialized features of the appliance.
18.9.2.8 Operate or confirm the operation of every control and feature of an inspected appliance.
18.10 Insulation and ventilation
18.10.1 The home inspector shall inspect:
18.10.1.1 Insulation and vapor retarders in accessible unfinished spaces.
18.10.1.2 Ventilation of attics and foundation areas.
18.10.1.3 Kitchen, bathroom, laundry and similar exhaust systems.
18.10.1.4 Clothes dryer exhaust systems.
18.10.2 The written report shall include description of:
18.10.2.1 Insulation and vapor retarders in accessible unfinished spaces.
18.10.2.2 Absence of insulation in accessible unfinished spaces at conditioned surfaces.
18.10.3 The home inspector is not required to disturb insulation.
18.11 Fireplaces and solid fuel burning appliances
18.11.1 The home inspector shall inspect:
18.11.1.1 System components
18.11.1.2 Chimney and vents.
18.11.2 The written report shall include description of:
18.11.2.1 Fireplaces and solid fuel burning appliances.
18.11.2.2 Chimneys and vents.
18.11.3 The home inspector is not required to:
18.11.3.1 Inspect:
18.11.3.1.1 Interiors of flues or chimneys.
18.11.3.1.2 Fire screens and doors.
18.11.3.1.3 Seals and gaskets.
18.11.3.1.4 Automatic fuel feed devices.
18.11.3.1.5 Mantles and fireplace surrounds.
18.11.3.1.6 Combustion and make-up air devices.
18.11.3.1.7 Heat distribution assists (gravity fed and fan assisted).
18.11.3.1.8 Wood or pellet stoves.
18.11.3.2 Ignite or extinguish fires.
18.11.3.3 Determine draft characteristics.
18.11.3.4 Move fireplace inserts and stoves or firebox contents.
18.12 General limitations
18.12.1 The home inspector is not required to perform any action or make any determination not specifically stated in these Regulations.
18.12.2 Inspections performed in accordance with these Regulations are not technically exhaustive and are not required to identify:
18.12.2.1 Concealed conditions, latent defects or consequential damage(s).
18.12.2.2 Cosmetic imperfections that do not significantly affect a component’s performance of its intended function.
18.13 General exclusions
18.13.1 Home inspectors are not required to determine:
18.13.1.1 Conditions of systems or components that are not readily accessible.
18.13.1.2 Remaining life expectancy of any system or component.
18.13.1.3 Strength, adequacy, effectiveness, or efficiency of any system or component.
18.13.1.4 The causes of any condition or deficiency.
18.13.1.5 Methods, materials, or costs of corrections.
18.13.1.6 Future conditions, including but not limited to failure of systems and components.
18.13.1.7 The suitability of the property for any specialized use.
18.13.1.8 Compliance of systems and components with past and present requirements and guidelines (codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, use and care guides, etc.)
18.13.1.9 Market value of the property or its marketability.
18.13.1.10 The advisability of purchase of the property.
18.13.1.11 The presence of plants, animals, or other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms or insects or molds or mold-like substances.
18.13.1.12 The presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, radioactive substances, noise, and contaminants in the building materials, soil, water, or air.
18.13.1.13 The effectiveness of any system installed or method utilized to control or remove suspected hazardous plants, animals and environmental hazards.
18.13.1.14 Operating costs of systems and components.
18.13.1.15 Acoustical properties of any system or component.
18.13.1.16 Soil conditions relating to geotechnical or hydrologic specialties.
18.13.1.17 Whether items, materials, conditions and components are subject to recall, controversy, litigation, product liability and other adverse claims and conditions.
18.13.2 Home inspectors are not required to offer or perform:
18.13.2.1 Any act or service contrary to law or government regulation.
18.13.2.2 Engineering, architectural, contracting or surveying services or to confirm or to evaluate such services performed by others.
18.13.2.3 Any trade or any professional service other than home inspection.
18.13.3 Home inspectors are not required to operate:
18.13.3.1 Any system or component that is shut down or otherwise inoperable.
18.13.3.2 Any system or component that does not respond to normal operating controls.
18.13.3.3 Shut-off valves or manual stop valves
18.13.4 Home inspectors are not required to enter or traverse:
18.13.4.1 Any area that will, in the opinion of the licensee, likely be dangerous to the licensee or other persons or damage the property or its systems or components.
18.13.4.2 Under-floor crawl spaces that have less than 24 inches of vertical clearance between components and the ground or that have an access opening smaller than 16 inches by 24 inches.
18.13.4.3 Attic load bearing components that are concealed by insulation or by other materials.
18.13.5 Home inspectors are not required to inspect:
18.13.5.1 Underground items including but not limited to underground storage tanks or other underground indications of their presence, whether abandoned or active.
18.13.5.2 Items that are not installed.
18.13.5.3 Installed decorative items.
18.13.5.4 Items that are not entered in accordance with subsection 18.13.4.
18.13.5.5 Detached structures other than residential garages and carports.
18.13.5.6 Common elements or common areas in multi-unit housing, such as condominium properties or cooperative housing.
18.13.5.7 Every occurrence of multiple similar components.
18.13.5.8 Outdoor cooking appliances.
18.13.6 Home inspectors are not required to:
18.13.6.1 Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.
18.13.6.2 Describe or report on any system or component that is not included in these Regulations and was not inspected.
18.13.6.3 Move personal property, furniture, equipment, plants, soil, snow, ice, or debris.
18.13.6.4 Dismantle any system or component, except as specifically required by these Regulations.
18.13.6.5 Reset, reprogram or otherwise adjust devices affected by inspection required by this Standard.
18.13.6.6 Ignite or extinguish fires, pilot lights, burners and other open flames that require manual ignition.
18.13.6.7 Probe surfaces that would be damaged or when no deterioration is visible or presumed to exist.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-19.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
19.1 If the report is received by the president of the regulatory Board, that person shall immediately notify the Director of Professional Regulation or the Director’s designate of the report. If the Director of Professional Regulation receives the report, the Director shall immediately notify the president of the regulatory Board, or that president's designate or designates.
19.2 The president of the regulatory Board or that president's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform the individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give the individual the opportunity to enter the Voluntary Treatment Option.
19.3 In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board president or that president's designate(s).
19.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board president or that president's designate or designates or the Director of the Division of Professional Regulation or the Director’s designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or the Director’s designate and the president of the participating Board or that president's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the president of the participating Board.
19.5 Failure to cooperate fully with the participating Board president or that president's designate or designates or the Director of the Division of Professional Regulation or the Director’s designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board president or that president's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.
19.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
19.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
19.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the president of the participating Board or to that president's designate or designates or to the Director of the Division of Professional Regulation or the Director’s designate at such intervals as required by the president of the participating Board or that president's designate or designates or the Director of the Division of Professional Regulation or the Director’s designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
19.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
19.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
19.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's president or the president’s designate or designates or to the Director of the Division of Professional Regulation or the Director’s designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
19.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
19.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
19.8 The participating Board's president, the president’s designate or designates or the Director of the Division of Professional Regulation or the Director’s designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
19.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
19.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
19.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have the person’s confidentiality protected if the matter is handled in a nondisciplinary matter.
19.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have the professional’s confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
24 Del. Admin. Code § 4100-20.0 Crimes Substantially Related to the Practice of Home Inspections
20.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of home inspection in the State of Delaware, without regard to the place of conviction:
20.1.1 Murder by abuse or neglect in the second degree; class B felony. 11 Del.C. §533
20.1.2 Murder by abuse or neglect in the first degree; class A felony. 11 Del.C. §634
20.1.3 Murder in the second degree; class A felony. 11 Del.C. §635
20.1.4 Murder in the first degree; class A felony. 11 Del.C. §636
20.1.5 Unlawful sexual contact in the third degree; class A misdemeanor. 11 Del.C. §767
20.1.6 Unlawful sexual contact in the second degree; class G felony. 11 Del.C. §768
20.1.7 Unlawful sexual contact in the first degree; class F Felony. 11 Del.C. §769
20.1.8 Rape in the fourth degree; class C felony. 11 Del.C. §770
20.1.9 Rape in the third degree; class B felony. 11 Del.C. §771
20.1.10 Rape in the second degree; class B felony. 11 Del.C. §772
20.1.11 Rape in the first degree; class A felony. 11 Del.C. §773
20.1.12 Continuous sexual abuse of a child; class B felony. 11 Del.C. §778
20.1.13 Dangerous crimes against a child. 11 Del.C. §779
20.1.14 Kidnapping in the second degree; class C felony. 11 Del.C. §783
20.1.15 Kidnapping in the first degree; class B felony. 11 Del.C. §783A
20.1.16 Arson in the third degree; class G felony. 11 Del.C. §801
20.1.17 Arson in the second degree; class D felony. 11 Del.C. §802
20.1.18 Arson in the first degree; class C felony. 11 Del.C. §803
20.1.19 Burglary in the third degree; class F felony. 11 Del.C. §824
20.1.20 Burglary in the second degree; class D felony. 11 Del.C. §825
20.1.21 Burglary in the first degree; class C felony. 11 Del.C. §826
20.1.22 Robbery in the second degree; class E felony. 11 Del.C. §831
20.1.23 Robbery in the first degree. 11 Del.C. §832
20.1.24 Carjacking in the first degree; class C felony; class B felony. 11 Del.C. §836
20.1.25 Extortion; class E felony. 11 Del.C. §846
20.1.26 Misapplication of property; class G felony. 11 Del.C. §848
20.1.27 Theft of rented property; class G felony. 11 Del.C. §849
20.1.28 Theft; class G felony; class A misdemeanor. 11 Del.C. §841
20.1.29 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
20.1.30 Theft; false pretense. 11 Del.C. §843
20.1.31 Theft; false promise. 11 Del.C. §844
20.1.32 Theft of services. 11 Del.C. §845
20.1.33 Identity theft; class E felony; class D felony. 11 Del.C. §854
20.1.34 Forgery; class F felony; class G felony. 11 Del.C. §861
20.1.35 Possession of forgery devices; class G felony. 11 Del.C. §862
20.1.36 Tampering with public records in the first degree; class E felony. 11 Del.C. §876
20.1.37 Issuing a false certificate; class G felony. 11 Del.C. §878
20.1.38 Fraudulent conveyance of public lands; class G felony. 11 Del.C. §911
20.1.39 Fraudulent receipt of public lands; class G felony. 11 Del.C. §912
20.1.40 Insurance fraud; class G felony. 11 Del.C. §913
20.1.41 Home improvement fraud; class G felony. 11 Del.C. §916
20.1.42 New home construction fraud; class C felony, class F felony, class G felony. 11 Del.C. §917
20.1.43 Dealing in children; class E felony. 11 Del.C. §1100
20.1.44 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1102
20.1.45 Sexual exploitation of a child; class B felony. 11 Del.C. §1108
20.1.46 Unlawfully dealing in child pornography; class D felony. 11 Del.C. §1109
20.1.47 Possession of child pornography; class F felony. 11 Del.C. §1111
20.1.48 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
20.1.49 Sexual solicitation of a child; class C felony. 11 Del.C. §1112A
20.1.50 Bribery; class E felony. 11 Del.C. §1201
20.1.51 Receiving a bribe; class E felony. 11 Del.C. §1203
20.1.52 Perjury in the second degree; class F felony. 11 Del.C. §1222
20.1.53 Perjury in the first degree; class D felony. 11 Del.C. §1223
20.1.54 Making a false written statement; class A misdemeanor. 11 Del.C. §1233
20.1.55 Tampering with physical evidence; class G felony. 11 Del.C. §1269
20.1.56 Hate crimes; class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. 11 Del.C. §1304
20.1.57 Possession of a deadly weapon during commission of a felony; class B felony. 11 Del.C. §1447
20.1.58 Possession of a firearm during commission of a felony; class B felony. 11 Del.C. §1447A
20.1.59 Removing a firearm from the possession of a law enforcement officer; class C felony. 11 Del.C. §1458
20.1.60 Organized crime and racketeering, class B felony. 11 Del.C. §1504
20.1.61 Abuse of patient or resident in nursing home; class D felony; class G felony, class A felony. 16 Del.C. §1136(a)
20.1.62 Prohibited acts A; class B felony. 16 Del.C. §4751
20.1.63 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, lysergic acid diethylamide (LSD), designer drugs, or 3, 4-methylenedioxymethamphetamine (MDMA); class B felony. 16 Del.C. §4753A
20.1.64 Knowing or reckless abuse of an infirm adult; class D felony; class E felony; class G felony; class A felony. 31 Del.C. §3913
20.2 Crimes substantially related to the practice of home inspection shall be deemed to include any crimes under any federal law, state law or valid town, city, or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 551 (11/01/13)
- 24 DE Reg. 606 (12/01/20)
- 19 DE Reg. 664 (01/01/16)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 27 DE Reg. 348 (11/01/23)
- 18 DE Reg. 158 (08/01/14)
- 27 DE Reg. 348 (11/01/23)
- 17 DE Reg. 243 (08/01/13)
- 17 DE Reg. 551 (11/01/13)
- 18 DE Reg. 158 (08/01/14)
- 18 DE Reg. 794 (04/01/15)
- 19 DE Reg. 664 (01/01/16)
- 24 DE Reg. 606 (12/01/20)
- 26 DE Reg. 329 (10/01/22)
- 27 DE Reg. 348 (11/01/23)
4400 Delaware Manufactured Home Installation Board
24 Del. Admin. Code § 4400-1.0 License Required
1.1 Only natural persons may be licensed by the Board.
1.2 No person shall install manufactured homes or represent themselves as qualified to install manufactured homes without first having been duly licensed unless specifically excepted by statute.
1.3 A licensed manufactured home installer must oversee all aspects of the installation of a manufactured home; however, multiple licensed installers may be involved in the installation of a particular home at the discretion of the licensee who certifies the installation on the decal required by Regulation 11.0. The licensed manufactured home installer who certifies the installation on the decal affixed to the data plate is responsible for the installation and certifies that the installation was performed in accord with all applicable law, including the Board's statute and regulations.
1.4 Exceptions.
1.4.1 No license is required for persons working under the direct, on site supervision of a Delaware licensed manufactured home installer, as indicated in Section 4403(a)(10) and
1.4.2 No manufactured home installation license is required for persons who are currently certified, licensed, or registered by other boards or commissions of this State and who act within the scope of activity for which they are currently licensed, certified or registered. Examples include, but are not limited to, plumbers, electricians and well and septic installers.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-2.0 Applications
2.1 All applications for licenses, certificates and renewal of licenses and certificates shall be submitted on forms approved by the Board.
2.1.1 Applications may be obtained over the Internet at the Division of Professional Regulation's website. Applications may also be obtained in person during regular business hours or by mail from the Division of Professional Regulation.
2.1.2 Renewal applications shall be submitted in electronic form over the Internet.
2.2 The Board may require additional information or explanation when it has questions about an applicant's qualifications or application materials. An application is not complete until the Board has received all required and requested documents, materials, information and fees.
2.2.1 Applications which are incomplete shall be retained for one year to allow an applicant the opportunity to supplement the application. After one year, incomplete applications are destroyed. Thereafter, an applicant must submit a new application with the appropriate fee.
2.2.2 Applicants must meet the requirements for license or certification at the time their applications are complete.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-3.0 License and Certificate Requirements
3.1 Each applicant for a manufactured home installer license must provide the Board with the following, or have this information provided from the appropriate source, where indicated:
3.1.1 Evidence in a form satisfactory to the Board that the applicant has successfully passed the examination designated by the Board. Evidence shall include confirmation from the Division or other authorized testing agency that the applicant has achieved a passing score on the Board-approved examination.
3.1.2 Evidence in a form satisfactory to the Board that the applicant has completed education requirements set forth in Rule 4.0. Evidence shall include a certificate or other acknowledgment of completion of the education requirement that is submitted to the Board by the education provider. This document shall identify the course, the course provider and location, and the date completed.
3.1.3 Evidence in a form satisfactory to the Board that the applicant is at least 18 years old. Such evidence includes a certified copy of the applicant's birth certificate, a passport, an identification card issued by the State of Delaware or a driver's license issued by the State of Delaware.
3.1.4 Evidence in a form satisfactory to the Board that the applicant, or the applicant’s employer, holds a surety bond or irrevocable letter of credit issued by a federally-insured financial institution in an amount equal to or greater than $10,000. Evidence shall include the original bond or original letter of credit submitted to the Board by the provider of the bond or the letter of credit. Where a bond is submitted, the Division of Professional Regulation shall be listed as the bond holder.
3.1.5 Evidence in a form satisfactory to the Board that the applicant, or the applicant’s employer, carries liability insurance in an amount equal to or greater than $100,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.
3.1.6 A statement under oath or other verification satisfactory to the Board that the applicant agrees to be responsible for all acts or omissions of any individual acting under the supervision of the applicant while assisting in the installation of manufactured housing.
3.1.7 Reciprocity
3.1.7.1 An applicant for licensure as a manufactured home installer by reciprocity shall complete an application approved by the Board and cause a certificate of good standing to be sent to the Board from the licensing agencies of all jurisdictions where the applicant is or has been licensed. Upon request an applicant for licensure under this provision must submit to the Board a copy of the reciprocal state's current licensure requirements
3.2 Each applicant for a certificate of manufactured home installation inspector must provide the Board with the following
3.2.1 A completed application on the form approved by the Board.
3.2.2 Evidence in a form satisfactory to the Board that the applicant has successfully completed the certification course designated by the Board. Evidence shall include a certificate or other acknowledgment of completion of the education requirement that is submitted to the Board by the education provider. This document shall identify the course, the course provider and location, and the date completed.
3.2.3 Evidence in a form satisfactory to the Board that the applicant is a full-time, part-time or casual/seasonal employee of an authorized inspection agency. Evidence shall include a current written statement signed by the applicant's supervisor in his capacity as a supervisor identifying the applicant's employment status and date of employment.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-4.0 Education
4.1 All applicants must successfully complete a Board-approved course to qualify for licensure or certification. Completion of the HUD certification course satisfies this requirement.
4.1.1 Training courses must provide at least twelve (12) hours of education. An "hour" for purposes of this requirement shall mean fifty (50) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit.
4.2 To be approved by the Board, training courses must address the following areas:
4.2.1 Federal statues and regulations governing manufactured housing;
4.2.2 Manufacturer's installation manuals and requirements;
4.2.3 Preparation of manufactured housing stands;
4.2.4 Installation of foundation systems;
4.2.5 Blocking, perimeter support and leveling of manufactured homes;
4.2.6 Structural connections of sections and major components;
4.2.7 Installation of anchoring systems and components;
4.2.8 Installation of vapor barriers, curtain walls, access and ventilations for crawl space areas; and
4.2.9 Connections of other nonstructural components.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-5.0 Examination
5.1 An applicant for licensure as a manufactured home installer shall obtain a grade of 70% on the Board-approved examination to qualify for licensure.
5.2 Applicants may use the following three reference materials during the examination:
5.2.1 A Board-approved reference manual;
5.2.2 The Statute governing this Board, Title 24, Chapter 44 of the Delaware Code; and
5.2.3 The Board's Rules and Regulations, 24 DE Admin. Code 4400.
5.3 Applicants who fail the examination two consecutive times must successfully complete a Board-approved training course after failing the second test and prior to sitting for the examination a third time. Applicants who fail the examination a third time must wait one year from the date of the third test and must re-apply for licensure.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-6.0 Lapse and Renewal of Licenses and Certificates
6.1 The biennial licenses and certificates granted by the Board shall lapse on September 30th of each even numbered year beginning in 2008, or on such other date as is specified by the Division of Professional Regulation. It is the responsibility of the licensee to file a renewal application with the Board. The failure of the Board to notify a licensee or certificate holder of the expiration date does not in any way relieve the licensee of the requirements of filing a renewal application with the Board. License and certificate renewal shall be accomplished online at the Division of Professional Regulation's website.
6.2 Each applicant for renewal must retain proof of completing the continuing education requirements. Extra continuing education hours do not carry over to the next licensing or certification period. Renewal applications will be audited by the Board for compliance with the continuing education requirements.
6.3 A license or certificate is lapsed when a licensee has failed to either complete the requirements for renewal or obtain permission for inactive status. A licensee or certificate holder may activate a lapsed license or certificate within one year of the date the renewal application was due by meeting all renewal requirements and paying an additional fee set by the Division of Professional Regulation.
6.4 An individual whose license or certificate has lapsed for more than one year must reapply as a new applicant. The applicant must take the examination required by §4416(b)(3) and achieve a passing score unless he or she previously passed an approved licensure test that covered the applicable law and standards in effect at the time of the new application.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-7.0 Inactive License or Certificate; Expiration; Reactivation
7.1 A licensee or certificate holder with a valid license may request in writing to be placed on inactive status. Inactive status can be effective for up to two years.
7.2 Each inactive license and certificate shall expire at the end of the biennial licensing and certificate period applicable to active licensees, which is September 30 of even-numbered years beginning in 2008. An inactive license or certificate may be renewed for two years by application to the Division upon attestation of completion of 10 hours of continuing education in the past two years.
7.3 An inactive license may be reactivated by the Board upon written request on a form designated by the Board, proof of insurance and bond, proof that the licensee has completed the requisite continuing education, and payment of a prorated fee to be computed by the Division of Professional Regulation.
7.4 An inactive certificate may be reactivated by the Board upon written request on a form designated by the Board, proof of completion of the requisite continuing education, and payment of a prorated fee to be computed by the Division of Professional Regulation.
7.5 A licensee or certificate holder is not authorized to work as a licensed manufactured home installer or certified manufactured home installation inspector, respectively, in this State during the period of inactive status.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-8.0 Continuing Education ("CE")
8.1 Licensees and certificate holders shall complete 10 hours of approved CE by September 30 of each biennial renewal period.
8.1.1 This requirement is prorated for license or certificate holders during their initial licensing period as follows:
8.1.1.1 A person licensed less than one year does not need to complete CE at the first renewal.
8.1.1.2 A person licensed one year but less than two years must submit 5 CE hours at the first renewal.
8.1.2 An "hour" for purposes of continuing education credit shall mean fifty (50) minutes of instruction or participation in an appropriate course or program. Meals and breaks shall be excluded from credit.
8.2 The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation of hardship.
8.3 Courses must be approved by the Board in order to qualify as CE. Approved courses appear on the website of the Division of Professional Regulation.
8.3.1 Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to the installation of manufactured housing.
8.3.2 Course providers, licensees and certificate holders may request Board approval of courses at any time by submitting a written request to the Board and including a course outline with the number of classroom hours and the curriculum vitae or resume of the instructor.
8.3.3 Course providers, licensees and certificate holders seeking pre-approval should submit the request a sufficient amount of time in advance of the CE course to permit the Board to consider the request at a regularly-scheduled Board meeting.
8.4 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 8.0.
8.4.1 Attestation shall be completed electronically.
8.4.2 Licensees and certificate holders selected for random audit will be required to supplement the attestation with attendance verification pursuant to Rule 8.5.
8.4.3 Approval of CE automatically expires on September 30, 2008 and every two years thereafter on each September 30. A sponsor must reapply for approval as provided in Rule 8.3.
8.5 Random audits will be performed by the Board to ensure compliance with the license and certificate requirements. Licensees and certificate holders selected for the random audit shall submit verification that they maintain the required bond and liability insurance, verification of required employment status, and the completion of the required CE, as applicable and any other information required by the Board to confirm their continued eligibility for the license or certificate.
8.5.1 In a renewal year, the Board will notify licensees and certificate holders within sixty (60) days after September 30 that they have been selected for audit.
8.5.2 Licensees selected for random audit are required to submit verification within twenty (20) days of the date of the notification of selection for audit.
8.5.3 The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §4441(a) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §4441.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-9.0 Manufactured Home Installation Requirements
9.1 Manufactured homes shall be installed, at minimum, in accordance with Section 4421(b) of this chapter and all applicable regulations of the United States Department of Housing and Urban Development ("HUD)," as set forth in the Code of Federal Regulations ("C.F.R."). HUD requirements are available online at www.dpr.gov.
9.2 Site suitability. Pursuant to 24 C.F.R. §3285.103, prior to the initial installation of a new manufactured home, the installer shall verify that the design and construction of the home, as indicated on the design zone maps provided with the home, are suitable for the site location where the home is to be installed.
9.3 Site preparation.
9.3.1 Soil conditions. Pursuant to 24 C.F.R. §3285.201, the manufactured home's foundation shall be constructed on firm, undisturbed soil or fill compacted to at least 90 percent of its maximum relative density, and the site shall be graded to ensure adequate drainage. Pursuant to 24 C.F.R. §3285.202, the soil classification and bearing capacity shall be determined before the foundation is constructed and anchored.
9.3.2 Drainage. Pursuant to 24 C.F.R. §3285.203, drainage shall be provided to direct surface water away from the manufactured home to protect against erosion of the foundation supports and to prevent water build-up under the home. All drainage shall be diverted away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first ten feet.
9.4 Foundation construction. Foundations for manufactured home installations shall be designed and constructed in accordance with 24 C.F.R. §§3285.301 - 3285.315 and must be based on site conditions, home design features, and the loads the home was designed to withstand, as shown on the home's data plate.
9.4.1 Piers. Pursuant to 24 C.F.R. §3285.302, the piers used shall be capable of transmitting vertical live and dead loads to the footing or foundation. Pier materials, design, loads, configuration and location shall meet the requirements set forth at 24 C.F.R. §§3285.303 - 3285.312.
9.4.2 Footings. Pursuant to 24 C.F.R. §3285.312, materials approved for footings shall provide equal load-bearing capacity and resistance to decay. Footings shall be placed on undisturbed soil or fill compacted to 90 percent of maximum relative density. A footing shall support every pier. Footing materials, placement, and sizing shall meet the requirements set forth at 24 C.F.R. §3285.310.
9.5 Anchoring. Pursuant to 24 C.F.R. §§3285.401 - 3285.406., the manufactured home shall be secured against the wind, including wind in the longitudinal direction, by use of anchor assembly type installations or by connecting the home to an alternative foundation system, as set forth at 24 C.F.R. §3285.301. Ground anchor installations shall meet the requirements for certification and testing, specifications, number and location set forth at 24 C.F.R. §3285.402.
9.6 Installation of optional features. Optional features, such as expanding rooms, appliances, and skirting, shall be installed pursuant to the requirements set forth at 24 C.F.R. §§3285.501 - 3285.505.
9.6.1 Comfort cooling systems. Pursuant to 24 C.F.R. §3285.503, when not provided and installed by the home manufacturer, any comfort cooling systems that are installed shall be installed according to the appliance manufacturer's installation standards. Installation of any comfort cooling system shall meet the requirements set forth at 24 C.F.R. §3285.503(a).
9.7 Ductwork, plumbing and fuel supply systems.
9.7.1 Ductwork connections. Multi-section homes with ductwork in more than one section require crossover connection to complete the ductwork system of the manufactured home. All ductwork connections shall be sealed to prevent air leakage. Installation, sealing and support of ductwork shall meet the requirements set forth at 24 C.F.R. §3285.606.
9.7.2 Plumbing.
9.7.2.1 Water supply. Multi-section homes with plumbing in both sections require water-line crossover connections to join all sections of the manufactured home. Crossover design requirements are set forth at 24 C.F.R. §3280.609. When the local water supply pressure exceeds 80 psi to the home, a pressure-reducing valve shall be installed. Standards for installation of the mandatory shutoff valve, freezing protection and testing procedures are set forth at 24 C.F.R. §3280.609.
9.7.2.2 Drainage system. Multi-section homes with plumbing in more than one section require drainage system connections to join all sections of the home. Installation, assembly, support and testing of drainage systems shall meet the requirements set forth at 24 C.F.R. §3285.604.
9.7.3 Fuel supply systems. The gas piping system in the home shall be designed for pressure that is at least 7 inches of water column and not more than 14 inches of water column. Installation, crossovers and testing shall meet the requirements set forth at 24 C.F.R. §3285.605.
9.8 Electrical systems. Pursuant to 24 C.F.R. §3285.701, multi-section homes with electrical wiring in more than one section require crossover connections to join all sections of the home. Pursuant to 24 C.F.R. §3285.702, exterior lighting fixtures, ceiling-suspended fans and chain-hung lighting fixtures shall be installed as required by their listings and 24 C.F.R. §3280. Installation, grounding and testing shall meet the requirements set forth at 24 C.F.R. §3285.702. Pursuant to 24 C.F.R. §3285.703, smoke alarms shall be functionally tested as required by the manufacturer instructions and shall be consistent with 24 C.F.R. §3280.208. Considerations concerning installation of telephone and cable TV are set forth at 24 C.F.R. §3285.906.
9.9 Exterior and interior close-up.
9.9.1 Exterior close-up. Pursuant to 24 C.F.R. §3285.801, exterior siding and roofing needed to join all sections of the manufactured home shall be installed according to manufacturer installation requirements consistent with 24 C.F.R. §§3280.305 and 3280.307. Weatherproofing and installation of hinged roofs and eaves shall meet the requirements of 24 C.F.R. §3285.801.
9.9.2 Structural interconnection of multi-section homes. Pursuant to 24 C.F.R. §3285.802, for multi-section homes, structural interconnections along the interior and exterior at the mate-line are required to join all sections of the home. Structural interconnection and closing of gaps shall meet the requirements set forth at 24 C.F.R. §3285.802.
9.9.3 Interior close-up. Pursuant to 24 C.F.R. §3285.803, all shipping blocking, strapping or bracing shall be removed from appliances, windows and doors. Installation of shipped-loose wall paneling shall meet the requirements of §3285.803.
9.9.4 Bottom board repair. The bottom board covering shall be inspected and repaired pursuant to the requirements of 24 C.F.R. §3285.804.
9.10 Skirting. Pursuant to 24 C.F.R. §3285.504, skirting, if installed, shall be of weather-resistant materials or provided with protection against weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz./ft.2 Installation of skirting shall meet the requirements set forth at 24 C.F.R. §3285.504.
9.11 Completion of operational checks and adjustments. Upon completion of installation, installer shall check all items listed in Rule 9.0 and shall make any needed adjustments to ensure compliance with all HUD requirements.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-10.0 Inspection
10.1 Of the maximum five (5) inspections required by Section 4422(a):
10.1.1 One inspection shall be performed once the ground is prepared for the concrete to be poured.
10.1.2 One inspection shall be performed upon completion of the installation in accord with Section 4422(a).
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-11.0 Decals
11.1 A decal represents the installer's certification that the installation was completed in compliance with the manufacturer's installation manual and all applicable law.
11.2 Licensees shall purchase Board approved decals from the Board for a fee to be established by the Division.
11.2.1 Decals may only be purchased by licensees in good standing.
11.2.2 Decals shall be numbered in sequence and affixed by the licensed installer to the manufactured home in accord with Section 11.4 below.
11.3 The licensed installer shall clearly inscribe the installation completion date, the name of the installer, and the installer's license number in blue or black ink on the decal.
11.4 The decal shall be permanently affixed in plain view next to the manufactured home data plate. In the absence of a data plate, the decal shall be permanently affixed in the interior breaker panel box.
11.5 Licensees shall record the decal number, installation completion date, location of manufactured home, and the name of owner in a log maintained by the licensee on a continuous basis.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-12.0 Use of Designations
12.1 A licensee shall prominently display the words "Licensed Manufactured Home Installer" or the abbreviation “Lic. Mfd. Home Installer” and his license number on the exterior of all vehicles used for work in not less than two inch letters and numbers.
12.2 Only an individual who is registered with the Board and holds a license as a manufactured home installer may use the designation "Licensed Manufactured Home Installer" and other designations which suggest that the user is a licensed manufactured home installer.
12.3 No individual, sole proprietorship, partnership, corporation, or any other entity authorized under Delaware law or a similar statute of another state shall hold him/her/itself or otherwise use the title or designation "licensed manufactured home installer or any other title, designation, or abbreviation of any titles or designations likely to be confused with "licensed manufactured home installer".
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-13.0 Organization of the Board
13.1 Election of Officers. Beginning in 2007, the Board shall elect officers to serve for a one year term from April 1-March 31. Elections shall be held annually and shall occur no earlier than 3 months prior to April 1.
13.2 Duties of the Officers
13.2.1 President - The president shall preside at all meetings, designate subordinates when provided by law, sign correspondence on behalf of the Board, and perform other functions inherent in the position. In conducting meetings or hearings, the President may limit or exclude evidence as provided under the Administrative Procedures Act unless overruled by a majority of the Board.
13.2.2 Vice President - The Vice President assumes the duties and powers of the President when the President is unavailable.
13.2.3 Secretary - The Secretary assumes the duties and powers of the President when neither the President nor the Vice President is available.
13.2.4 Complaint officer - The complaint officer shall be a member who works with the investigator of the Division of Professional Regulation when complaints are investigated pursuant to 29 Del.C. §8807. The complaint officer shall report to the Board when complaints are closed and recuse himself from participating in disciplinary hearings involving matters that have been reviewed in his or her capacity as complaint officer.
13.2.5 Education officer - The education officer may review courses submitted for continuing education approval and makes recommendations to the Board.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-14.0 Discipline; Unlicensed Practice; Board Appointment of Licensed Installer or Certified Inspector
14.1 If the Board requires a licensed installer to take over the work done by an unauthorized practitioner pursuant to Section 4416(b)(13), the Board will choose the licensed installer from among those licensed installers who have volunteered to perform such work, whose license is in good standing and not subject to probation, other discipline or a pending complaint, and whose business address in the jurisdiction of the same authorized inspection agency as the subject property and closest in proximity to the subject property. If there are no volunteers who qualify, then the Board shall select a licensee at random. A licensee selected at random may be excused from the performance of this duty if he presents evidence that it will cause a hardship.
14.2 If the Board requires a certified inspector to inspect work completed by an unauthorized practitioner pursuant to Section 4416(b)(13), the Board will choose a certified inspector employed by the authorized inspection agency in whose jurisdiction the manufactured home is situated.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-15.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
15.1 If the report is received by the president of the regulatory Board, that person shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the president of the regulatory Board, or that president's designate or designates.
15.2 The president of the regulatory Board or that president's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
15.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board president or that president's designate(s).
15.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board president or that president's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the president of the participating Board or that president's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the president of the participating Board.
15.5 Failure to cooperate fully with the participating Board president or that president's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board president or that president's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.
15.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
15.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
15.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the president of the participating Board or to that president's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the president of the participating Board or that president's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
15.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
15.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
15.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's president or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
15.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
15.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
15.8 The participating Board's president, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
15.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
15.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
15.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
15.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
24 Del. Admin. Code § 4400-16.0 Crimes Substantially Related to the Practice of Manufactured Home Installation or Installation Inspection
16.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of manufactured home installation or manufactured home installation inspection in the State of Delaware, without regard to the place of conviction:
16.1.1 Reckless endangering in the first degree. 11 Del.C. §604
16.1.2 Assault in the first degree. 11 Del.C. §613
16.1.3 Criminally negligent homicide. 11 Del.C. §631
16.1.4 Manslaughter. 11 Del.C. §632
16.1.5 Murder by abuse or neglect in the second degree. 11 Del.C. §633
16.1.6 Murder by abuse or neglect in the first degree. 11 Del.C. §634
16.1.7 Murder in the second degree. 11 Del.C. §635
16.1.8 Murder in the first degree. 11 Del.C. §636
16.1.9 Unlawful sexual contact in the second degree. 11 Del.C. §768
16.1.10 Unlawful sexual contact in the first degree. 11 Del.C. §769
16.1.11 Rape in the fourth degree. 11 Del.C. §770
16.1.12 Rape in the third degree. 11 Del.C. §771
16.1.13 Rape in the second degree. 11 Del.C. §772
16.1.14 Rape in the first degree. 11 Del.C. §773
16.1.15 Sexual extortion. 11 Del.C. §774
16.1.16 Continuous sexual abuse of a child. 11 Del.C. §776
16.1.17 Kidnapping in the second degree. 11 Del.C. §783
16.1.18 Kidnapping in the first degree. 11 Del.C. §783A
16.1.19 Arson in the third degree. 11 Del.C. §801
16.1.20 Arson in the second degree. 11 Del.C. §802
16.1.21 Arson in the first degree. 11 Del.C. §803
16.1.22 Criminal mischief. 11 Del.C. §811
16.1.23 Burglary in the third degree. 11 Del.C. §824
16.1.24 Burglary in the second degree. 11 Del.C. §825
16.1.25 Burglary in the first degree. 11 Del.C. §826
16.1.26 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828
16.1.27 Robbery in the second degree. 11 Del.C. §831
16.1.28 Robbery in the first degree. 11 Del.C. §832
16.1.29 Carjacking in the second degree. 11 Del.C. §835
16.1.30 Carjacking in the first degree. 11 Del.C. §836
16.1.31 Theft. 11 Del.C. §841
16.1.32 Theft of motor vehicle. 11 Del.C. §841A
16.1.33 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
16.1.34 Theft; false pretense. 11 Del.C. §843
16.1.35 Theft; false promise. 11 Del.C. §844
16.1.36 Theft of services. 11 Del.C. §845
16.1.37 Extortion. 11 Del.C. §846
16.1.38 Theft of rented property. 11 Del.C. §849
16.1.39 Receiving stolen property. 11 Del.C. §851
16.1.40 Identity theft. 11 Del.C. §854
16.1.41 Forgery. 11 Del.C. §861
16.1.42 Possession of forgery devices. 11 Del.C. §862
16.1.43 Falsifying business records. 11 Del.C. §871
16.1.44 Tampering with public records in the second degree. 11 Del.C. §873
16.1.45 Tampering with public records in the first degree. 11 Del.C. §876
16.1.46 Offering a false instrument for filing. 11 Del.C. §877
16.1.47 Issuing a false certificate. 11 Del.C. §878
16.1.48 Bribery. 11 Del.C. §881
16.1.49 Bribe receiving. 11 Del.C. §882
16.1.50 Deceptive business practices. 11 Del.C. §906
16.1.51 Criminal impersonation. 11 Del.C. §907
16.1.52 Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police. 11 Del.C. §907B
16.1.53 Securing execution of documents by deception. 11 Del.C. §909
16.1.54 Insurance fraud. 11 Del.C. §913
16.1.55 Home improvement fraud. 11 Del.C. §916
16.1.56 New home construction fraud. 11 Del.C. §917
16.1.57 Dealing in children. 11 Del.C. §1100A
16.1.58 Sexual exploitation of a child. 11 Del.C. §1108
16.1.59 Unlawfully dealing in child pornography. 11 Del.C. §1109
16.1.60 Possession of child pornography. 11 Del.C. §1111
16.1.61 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
16.1.62 Sexual solicitation of a child. 11 Del.C. §1112A
16.1.63 Bribery. 11 Del.C. §1201
16.1.64 Receiving a Bribe. 11 Del.C. §1203
16.1.65 Giving unlawful gratuities. 11 Del.C. §1205
16.1.66 Receiving unlawful gratuities. 11 Del.C. §1206
16.1.67 Improper influence. 11 Del.C. §1207
16.1.68 Official misconduct. 11 Del.C. §1211
16.1.69 Profiteering. 11 Del.C. §1212
16.1.70 Perjury in the third degree. 11 Del.C. §1221
16.1.71 Perjury in the second degree. 11 Del.C. §1222
16.1.72 Perjury in the first degree. 11 Del.C. §1223
16.1.73 Making a false written statement. 11 Del.C. §1233
16.1.74 Terroristic threatening of public officials or public servants. 11 Del.C. §1240
16.1.75 Bribing a witness. 11 Del.C. §1261
16.1.76 Bribe receiving by a witness. 11 Del.C. §1262
16.1.77 Tampering with a witness. 11 Del.C. §1263
16.1.78 Interfering with a child witness. 11 Del.C. §1263A
16.1.79 Bribing a juror. 11 Del.C. §1264
16.1.80 Bribe receiving by a juror. 11 Del.C. §1265
16.1.81 Tampering with a juror. 11 Del.C. §1266
16.1.82 Misconduct by a juror. 11 Del.C. §1267
16.1.83 Tampering with physical evidence. 11 Del.C. §1269
16.1.84 Hate crimes. 11 Del.C. §1304
16.1.85 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338
16.1.86 Carrying a concealed deadly weapon. 11 Del.C. §1442
16.1.87 Carrying a concealed dangerous instrument. 11 Del.C. §1443
16.1.88 Possessing a destructive weapon. 11 Del.C. §1444
16.1.89 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445
16.1.90 Unlawfully dealing with a switchblade knife. 11 Del.C. §1446
16.1.91 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447
16.1.92 Possession of a firearm during the commission of a felony. 11 Del.C. §1447A
16.1.93 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448
16.1.94 Receiving a stolen firearm. 11 Del.C. §1450
16.1.95 Theft of a firearm. 11 Del.C. §1451
16.1.96 Unlawfully dealing with knuckles-combination knife. 11 Del.C. §1452
16.1.97 Unlawfully dealing with a martial arts throwing star. 11 Del.C. §1453
16.1.98 Giving a firearm to person prohibited. 11 Del.C. §1454
16.1.99 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455
16.1.100 Unlawfully permitting a minor access to a firearm. 11 Del.C. §1456
16.1.101 Possession of a weapon in a Safe School and Recreation Zone. 11 Del.C. §1457
16.1.102 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458
16.1.103 Possession of a weapon with a removed, obliterated or altered serial number. 11 Del.C. §1459
16.1.104 Act of intimidation. 11 Del.C. §3532
16.1.105 Aggravated act of intimidation. 11 Del.C. §3533
16.1.106 Attempt to evade or defeat tax. 30 Del.C. §571
16.1.107 Failure to collect or pay over tax. 30 Del.C. §572
16.1.108 Failure to file return, supply information or pay tax. 30 Del.C. §573
16.1.109 Fraud and false statements. 30 Del.C. §574
16.1.110 Obtaining benefit under false representation. 31 Del.C. §1003
16.1.111 Reports, statements and documents. 31 Del.C. §1004(1)-(4)
16.1.112 Unlawful possession or manufacture of proof of insurance. 21 Del.C. §2118A
16.1.113 Altering or forging certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate. 21 Del.C. §2316
16.1.114 Unlawful application for or use of license or identification card. 21 Del.C. §2751
16.1.115 False statements. 21 Del.C. §2752
16.1.116 Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; penalty. 21 Del.C. §6705(a)-(e)
16.1.117 Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card. 21 Del.C. §6708(a) and (b).
16.1.118 Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; penalty. 21 Del.C. §6709(a)
16.1.119 Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty. 21 Del.C. §6710(a)
16.1.120 Permits Required [regarding environmental control]. 7 Del.C. §6003
16.2 Crimes substantially related to the practice of manufactured home installation or manufactured home installation inspection shall be deemed to include any crimes under any federal law, state law or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 21 DE Reg. 154 (08/01/17)
- 11 DE Reg. 691 (11/01/07)
- 18 DE Reg. 400 (11/01/14)
- 18 DE Reg. 400 (11/01/14)
- 13 DE Reg. 1098 (02/01/10)
- 18 DE Reg. 400 (11/01/14)
- 15 DE Reg. 374 (09/01/11)
- 13 DE Reg. 1098 (02/01/10)
- 10 DE Reg. 1156 (01/01/07)
- 11 DE Reg. 691 (11/01/07)
- 13 DE Reg. 1098 (02/01/10)
- 15 DE Reg. 374 (09/01/11)
- 18 DE Reg. 400 (11/01/14)
- 21 DE Reg. 154 (08/01/17)
5100 Board of Cosmetology and Barbering
24 Del. Admin. Code § 5100-1.0 Application for Licensure
1.1 All applications for licensure must be submitted on forms approved by the Division of Professional Regulation and be accompanied by the appropriate fee.
1.2 Each applicant must provide proof of any required general or professional education in the form of a certified transcript, proof of a G.E.D. or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board.
1.3 Any applicant submitting credentials, transcripts or other documents from a program or educational facility outside the United States or its territories must provide the Board with a certificate of translation from a person or agency acceptable to the Board, if appropriate, and an educational credential evaluation from an agency approved by the Board demonstrating that the applicant's training and education are equivalent to the training and education required in Delaware.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-2.0 Temporary Work Permits [24 Del.C. §5106(a)(7)]
2.1 The purpose of a temporary work permit is to allow an otherwise qualified examination applicant to practice under appropriate supervision pending the applicant's scoring of a passing grade on the examination.
2.2 A temporary work permit may be issued to an examination applicant who meets the Board's requirements and who is eligible for admission to the cosmetology, nail technician, barbering, electrology, or aesthetician examination, with the appropriate fees paid.
2.3 A temporary work permit is valid for 30 days past the next available examination date. After the first temporary permit expires, a subsequent temporary permit may be issued only where the applicant submits proof that the applicant did not pass the examination and that the applicant is registered for the next examination date. The applicant shall be eligible for temporary permits for 2 years after the date of making application. If the applicant does not pass the examination within 2 years after making application, the applicant shall be required to wait 6 months from the date of the last examination and then may make a new application for a temporary permit.
2.4 The holder of a temporary work permit for cosmetology shall practice under the supervision of a licensed cosmetologist, or cosmetology instructor.
2.5 The holder of a temporary work permit for barbering shall practice under the supervision of a licensed master barber, barber, barber instructor or a cosmetology instructor, if the cosmetology instructor has completed 35 hours of instruction in shaving documented on a Board approved form.
2.6 The holder of a temporary work permit for nail technology shall practice under the supervision of a licensed nail technician, nail technology instructor, cosmetologist, or cosmetology instructor.
2.7 The holder of a temporary work permit for electrology shall practice under the supervision of a licensed electrologist or electrology instructor.
2.8 The holder of a temporary work permit for aesthetics shall practice under the supervision of a licensed aesthetician, aesthetics instructor, cosmetologist, or cosmetology instructor.
2.9 The holder of a temporary instructor's work permit shall practice at all times under the supervision of a licensed instructor, pursuant to subsections 9.3 and 13.3.
2.10 Reciprocity applicant: A temporary work permit for reciprocity may be issued to an applicant subject to the requirements of 24 Del.C. §5109(a). Where the applicant comes from a state with less stringent standards than Delaware's standards, the Board shall review the applicant's experience documentation. The temporary permit shall expire 14 calendar days after the date of the Board meeting at which the Board considers the application.
2.11 Temporary instructor permit - provisional pathway
2.11.1 A temporary instructor permit - provisional pathway, may be issued to an applicant who meets the following requirements:
2.11.1.1 Has successfully completed the 12th grade in school or its equivalent as documented pursuant to subsection 1.2.
2.11.1.2 Holds an active license as a cosmetologist, barber, aesthetician, nail technician, or electrologist.
2.11.1.3 Will be employed by a vocational school or accredited school as a temporary instructor as verified by the proof of employment form.
2.11.2 The holder of a temporary instructor permit - provisional pathway must complete the following to be eligible for licensure as an instructor:
2.11.2.1 Completion of 500 hours of supervised experience at a vocational or accredited school or 250 hours of supervised experience at a vocational or accredited school and 2 years of licensed, full-time experience. Supervision must be provided by a licensed instructor. Experience must be documented by the employer.
2.11.2.2 Successful completion of instructor examination.
2.11.3 A temporary instructor permit - provisional pathway expires upon the completion of the hours of training as set forth in subsection 2.11.2 or 1 year after the date of issuance, whichever occurs first. The Board may grant an extension of not more than 45 days to the licensee holding a temporary instructor permit - provisional pathway who has applied for examination and is awaiting examination.
2.11.4 The temporary instructor permit - provisional pathway is not transferable to another school unless approved by the Board.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-3.0 Apprenticeship and Supervision [24 Del.C. §§5101(a), 5107]
3.1 Application
3.1.1 In the application for licensure by apprenticeship, the applicant must identify the apprentice teacher and the shop where the apprenticeship will take place and document the apprentice teacher's qualifications as set forth in subsection 3.2.
3.1.2 The apprentice must submit a new application to the Board upon any change in the apprentice teacher or location of the apprenticeship within 30 days of the change. If the apprentice does not submit a new application within 30 days, hours acquired after a change in apprentice teacher or shop shall be null and void and will not count towards apprentice hours required for examination and licensure.
3.1.3 Apprenticeship hours may be acquired only after the apprentice license has been issued.
3.1.4 An apprenticeship may be completed only in a licensed shop. An apprenticeship may not be completed in a mobile salon.
3.2 An apprentice teacher is a licensee who is responsible for the teaching of an individual applying for licensure by apprenticeship. The apprentice teacher must meet the following requirements:
3.2.1 An apprentice teacher must be a practitioner licensed in the profession that the apprentice is studying, except that a nail technician applicant and an aesthetician applicant may apprentice with a cosmetologist, and a barber applicant may apprentice with a cosmetology instructor, if the cosmetology instructor has completed 35 hours of shaving as documented to the Board's satisfaction.
3.2.2 An apprentice teacher must have an active Delaware license in good standing and at least 36 months of licensed work experience which must be documented to the Board's satisfaction and supported by a notarized letter or tax forms.
3.2.3 An apprentice teacher may supervise and train no more than 3 apprentices at any given time.
3.2.4 An apprentice teacher may designate, by written and signed statement, a qualified, temporary apprentice teacher. The temporary apprentice teacher must have been licensed for at 36 months. The temporary teacher may serve in that role for a total of no more than 30 days per calendar year.
3.2.5 An apprentice teacher may not be the employee of the apprentice.
3.2.6 An apprentice teacher must comply with the Board's law, rules and regulations and must instruct the apprenticeship on the importance of such compliance. Failure to comply with the Board's law, rules and regulations may subject the apprentice teacher to discipline.
3.3 Apprenticeship hours
3.3.1 An apprentice may not be charged for accumulating apprenticeship hours.
3.3.2 An apprenticeship shall be completed only in a licensed shop.
3.3.3 Apprenticeship hours shall be acquired only after the apprentice license has been issued.
3.3.4 Any person applying for licensure as a cosmetologist or barber through apprenticeship must complete the necessary apprentice hours in not less than 18 months and not more than 36 months.
3.3.5 Any person applying for licensure as a nail technician through apprenticeship must complete the necessary apprentice hours in not less than 15 weeks and not more than 12 months.
3.3.6 Any person applying for licensure as an electrologist through apprenticeship must complete the necessary apprentice hours in not less than 15 weeks and not more than 12 months.
3.3.7 Any person applying for licensure as an aesthetician through apprenticeship must complete the necessary apprentice hours in not less than 30 weeks and not more than 24 months.
3.3.8 The required hours shall be completed within the specified time frame.
3.3.9 The apprenticeship license shall expire upon completion of the required hours within the specified time frames as set forth in subsections 3.3.4 - 3.3.7.
3.3.10 On written application to the Board prior to completion of the apprenticeship, the Board may grant extensions to these time frames for good cause shown. To show good cause, the apprentice must provide evidence to the satisfaction of the Board of an illness, injury, financial hardship, family hardship or other similar extenuating circumstance. The extension granted may not exceed 1 year.
3.3.11 The apprentice teacher and apprentice are responsible for keeping an accurate record of the apprentice's application and clock hours. Daily work sheets documenting clock hours must be maintained on Board approved forms and made available to the Board or its designee upon demand. Every 3 months, the apprentice must provide to the Board, on a Board approved form, written documentation of clock hours obtained to date, and the form must be signed by the apprentice teacher.
3.3.12 The apprentice teacher is responsible for notifying the Board that an apprentice is no longer training in the shop and submit to the Board the apprentice's license and a notarized, signed transcript of total hours accumulated by the apprentice within 30 days of termination of the apprenticeship. The transcript must be signed by the apprentice teacher. The apprentice must be provided with a copy of the transcript. Apprentice records must be maintained by the shop for a period of 5 years.
3.3.13 Where an apprentice provides services to a client, the client shall be so advised and legible written notice that services are being performed by an apprentice must be displayed at the work station. The apprentice teacher must obtain a written statement that the client acknowledges that the work is being performed by an apprentice, and the apprentice teacher must sign the statement.
3.3.14 An apprentice may not work on a client until the apprentice has obtained sufficient skills and knowledge to perform the services. The apprentice teacher is responsible for the services rendered by the apprentice.
3.3.15 Any person applying for licensure by apprenticeship, who previously held a temporary permit pursuant to Section 2.0, and did not pass the applicable examinations as set forth in subsection 2.3, shall wait 6 months from the date of the last examination before making application for an apprentice license.
3.3.16 If an apprentice does not complete the required hours within the specified time frame, as set forth in subsections 3.4 - 3.7, subject to a maximum 1-year extension, the person shall wait 6 months before making application for another apprenticeship. Previously acquired hours shall not be applicable to the subsequent apprenticeship.
3.4 Transfer of Apprentice Hours to School Program. An apprentice cosmetologist or apprentice barber may transfer up to 1,800 apprentice hours, at a rate of 2 apprentice hours to 1 transfer hour, to an educational program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at a school. The Board must provide documentation of the apprentice hours to the school prior to transfer. Acceptance of apprenticeship hours towards a cosmetology or barbering program is at the discretion of the school or program.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-4.0 Apprenticeship Curriculum and Supplies
4.1 Cosmetology curriculum. The apprentice teacher is responsible for ensuring that the apprentice completes the following 3,000 hour curriculum.
4.1.1 Sanitation; hygiene, equipment safety: 46 theory hours
4.1.2 Facial massage/treatment; skin care; hair removal; make-up: 50 theory hours; 138.5 practical hours
4.1.3 Haircutting, dressing, curling, pressing; artificial hair: 264 theory hours; 756.5 practical hours
4.1.4 Scalp and hair treatments: 16 theory hours; 4 practical hours
4.1.5 Hair coloring: 96 theory hours; 305 practical hours
4.1.6 Chemical hair restructuring; waving, straightening and relaxing: 54 theory hours; 357 practical hours
4.1.7 Applied chemistry/occupational safety and health administration as related to skin, hair, nails and scalp: 22 theory hours
4.1.8 Applied anatomy, physiology and histology of human head, hands, nails, skins and hair: 56 theory hours
4.1.9 Manicuring/pedicuring: 22 theory hours; 189 practical hours
4.1.10 Artificial nails: 20 theory hours
4.1.11 Industry laws/regulations: 28 theory hours
4.1.12 Theory review: 526 theory hours; 50 practical hours
4.2 Cosmetology apprenticeship supplies. The apprentice teacher shall require that each apprentice has at all times the following basic supplies for the learning of cosmetology. If the supplies are provided by the apprentice teacher, the apprentice teacher may not charge the apprentice more than the fair market value of such supplies.
4.2.1 Alcohol to clean implements
4.2.2 Appropriate disinfection container
4.2.3 Closed container for storage of disinfected implements
4.2.4 Closed container for storage of soiled implements
4.2.5 Closed container for soiled or disposable towels/linens
4.2.6 Closed container/cabinet for clean towels/linens
4.2.7 Mannequin
4.2.8 Basic combs
4.2.9 Scissors/shears and thinning shears
4.2.10 Razor with guard and disposable blades
4.2.11 Brushes
4.2.12 Rollers
4.2.13 Clips
4.2.14 Protective capes
4.2.15 Disposable neck strips, disposable or reusable gloves
4.2.16 Perm rods and end papers
4.2.17 Marcel curling iron/flat iron
4.2.18 Blow dryer
4.2.19 Consumable supplies for all hair services, such as hair shampoo, hair spray, conditioners, etc.
4.2.20 Manicuring kit
4.2.21 Current standard textbook
4.2.22 Workbook
4.2.23 Paper or electronic copy of the current laws, rules and regulations of the Delaware Board of Cosmetology and Barbering
4.3 Barbering curriculum. The apprentice teacher is responsible for ensuring that the apprentice completes the following 3,000 hour curriculum.
4.3.1 History of barbering; industry laws/regulations: 100 theory hours
4.3.2 Professional image: 125 theory hours
4.3.3 Bacteriology: 200 theory hours
4.3.4 Sterilization/sanitation: 190 theory hours; 100 practical hours
4.3.5 Implements/tools/equipment: 100 theory hours; 125 practical hours
4.3.6 Properties/disorders of the skin: 60 theory hours
4.3.7 Hair and scalp treatment: 200 theory hours: 100 practical hours
4.3.8 Facial massage/treatment: 125 theory hours; 40 practical hours
4.3.9 Shaving: 125 theory hours; 50 practical hours
4.3.10 Haircutting: 220 theory hours; 200 practical hours
4.3.11 Mustache/beard design: 90 theory hours
4.3.12 Permanent wave: 140 theory hours; 100 practical hours
4.3.13 Chemical relaxing: 50 theory hours; 60 practical hours
4.3.14 Hair coloring: 100 theory hours; 80 practical hours
4.3.15 Men's hairpieces: 120 theory hours; 40 practical hours
4.3.16 Manicuring: 20 theory hours; 20 practical hours
4.3.17 Electricity/light therapy: 50 theory hours; 30 practical hours
4.3.18 Chemistry: 40 practical hours
4.4 Barbering apprenticeship supplies. The apprentice teacher shall require that each apprentice has at all times the following basic supplies for the learning of barbering. If the supplies are provided by the apprentice teacher, the apprentice teacher may not charge the apprentice more than the fair market value of such supplies.
4.4.1 Mannequin
4.4.2 Bearded mannequin
4.4.3 Brushes
4.4.4 Shears and thinning shears
4.4.5 Straight razor with changeable blades
4.4.6 Mug and shaving brush (nylon disinfect bristles that can disinfected only) and shaving cream
4.4.7 Clippers, guards, trimmers.
4.4.8 Dusting brush (nylon bristles that can be disinfected only)
4.4.9 Neck strips
4.4.10 Hair cloth and clip
4.4.11 Standard current textbook
4.4.12 Workbook
4.4.13 Blowdryer and styling brush
4.4.14 Tweezer
4.4.15 Shampoo cape
4.4.16 Appropriate disinfection container
4.4.17 Ten towels
4.4.18 Closed container for soiled or disposable towels/linens
4.4.19 Closed container/cabinet for clean towels/linens
4.4.20 Alcohol to clean implements
4.4.21 Current paper or electronic copy of the laws, rules and regulations of the Delaware Board of Cosmetology and Barbering
4.5 Nail technology curriculum. The apprentice teacher is responsible for ensuring that the apprentice completes the following 600 hour curriculum.
4.5.1 Sterilization/sanitation: 16 theory hours; 4 practical hours
4.5.2 State laws and job search: 20 theory hours
4.5.3 Manicuring and pedicuring: 80 theory hours; 220 practical hours
4.5.4 Chemicals and chemistry: 40 theory hours
4.5.5 Nail wrapping: 4 theory hours; 10 practical hours
4.5.6 Artificial nail services: 10 theory hours; 176 practical hours
4.5.7 Nail art techniques: 4 theory hours; 16 practical hours
4.6 Nail technology apprenticeship supplies. The apprentice teacher shall require that each apprentice has at all times the following basic supplies for the learning of nail technology. If the supplies are provided by the apprentice teacher, the apprentice teacher may not charge the apprentice more than the fair market value of such supplies.
4.6.1 One nail station and chair with adequate light for every 2 apprentices
4.6.2 Proper paraffin wax machine and paraffin wax
4.6.3 UV gel light
4.6.4 Appropriate disinfection container
4.6.5 Sealed container for storage of disinfected implements
4.6.6 Supply tray
4.6.7 Finger bowl/manicuring bowl with nail brush
4.6.8 Closed container with cotton
4.6.9 Nail implements (disinfection required)
4.6.9.1 Steel cuticle pusher
4.6.9.2 Metal nail file
4.6.9.3 Manicure scissors
4.6.9.4 Cuticle nippers
4.6.9.5 Acrylic nippers
4.6.9.6 Fingernail clipper
4.6.9.7 Toenail clipper
4.6.9.8 Spatula
4.6.9.9 Tweezers and metal tongs
4.6.10 Nail care supplies (disposable items)
4.6.10.1 Emery boards
4.6.10.2 Nail buffers
4.6.10.3 Orangewood or birchwood sticks
4.6.10.4 Pedicure slippers
4.6.10.5 Toe separators
4.6.11 Nail polish
4.6.11.1 Colored nail enamel
4.6.11.2 Base coat and top coat
4.6.12 Polish remover
4.6.13 Cuticle remover and cuticle oil
4.6.14 Hand cream
4.6.15 Mannequin hand or practice fingers
4.6.16 Materials for acrylic sculptured nails
4.6.17 Pedicure supplies
4.6.17.1 Footbath
4.6.17.2 Antiseptic foot spray
4.6.17.3 Liquid soap
4.6.17.4 Massage lotion
4.6.17.5 Foot file or paddle
4.6.18 Covered container for soiled or disposable towels/linens
4.6.19 Closed container/cabinet for clean towels/linens
4.6.20 Alcohol to clean implements
4.6.21 Current standard text book
4.6.22 One workbook
4.6.23 Current paper or electronic copy of the laws, rules and regulations of the Delaware Board of Cosmetology and Barbering
4.7 Aesthetics curriculum. The apprentice teacher is responsible for ensuring that the apprentice completes the following 1,200 hour curriculum.
4.7.1 Sanitation; hygiene: 50 theory hours; 175 practical hours
4.7.2 Professional practices: 6 theory hours; 14 practical hours
4.7.3 Health and sciences: 130 theory hours
4.7.4 Consultation and record-keeping: 20 theory hours; 60 practical hours
4.7.5 Machines, apparatus and safety: 10 theory hours; 80 practical hours
4.7.6 Skin care procedures: 44 theory hours; 441 practical hours
4.7.7 Makeup: 20 theory hours; 100 practical hours
4.7.8 State laws, job search and business skills: 50 theory hours
4.8 Aesthetics apprenticeship supplies. The apprentice teacher shall require that each apprentice has at all times the following basic supplies for the learning of aesthetics. If the supplies are provided by the apprentice teacher, the apprentice teacher may not charge the apprentice more than the fair market value of such supplies.
4.8.1 One facial table for each 2 apprentices
4.8.2 UV sanitizer
4.8.3 Tweezers
4.8.4 Comedone extractors
4.8.5 Cleansers
4.8.6 Liquid soap
4.8.7 Skin fresheners (toners)
4.8.8 Astringents
4.8.9 Acids, to include 1 or more of the following approved peels (alpha hydroxyl aids 3.5 pH or above:
4.8.9.1 Glycolic
4.8.9.2 Sallcylic (beta peel)
4.8.9.3 Mandelic
4.8.9.4 Citric
4.8.9.5 Lactic
4.8.9.6 Azelaic
4.8.10 Moisturizer
4.8.11 Emollient creams
4.8.12 Foundation
4.8.13 Concealer
4.8.14 Blusher
4.8.15 Lipstick and lip color
4.8.16 Powder
4.8.17 Eye shadow
4.8.18 Mascara and mascara wand
4.8.19 Eyeliners
4.8.20 Eyebrow pencils
4.8.21 Eyelashes and adhesives
4.8.22 Professional pencil sharpener
4.8.23 Disposable sponges and applicators
4.8.24 Cotton swab
4.8.25 Round cottons pads
4.8.26 Rectangular rolled cotton
4.8.27 Cotton balls
4.8.28 Wooden spatula
4.8.29 Muslin strips
4.8.30 Disposable gloves
4.8.31 Barbicide 90%
4.3.32 Alcohol to clean implements
4.8.33 Current standard text book
4.8.34 One workbook
4.8.35 Current paper or electronic copy of the laws, rules and regulations of the Delaware Board of Cosmetology and Barbering
4.9 Electrology curriculum. The apprentice teacher is responsible for ensuring that the apprentice completes the following 600 hour curriculum.
4.9.1 Introduction to the field of electrolysis and 3 accepted methods of permanent hair removal: 30 hours
4.9.2 Integumentary system - histology and trichology of the kind, hair and appendages: 12 hours
4.9.3 Neurology and angiology - study of nerves and vascular system: 12 hours
4.9.4 Endocrinology - study of the endocrine system and related diseases: 12 hours
4.9.5 Biology of hair growth - stages of hair growth: 20 hours
4.9.6 Skin assessments - study effects of specific currents and temporary removal on skin and hair: 40 hours
4.9.7 Blood borne pathogens (Hepatitis, HIV/Aids and universal precautions: 10 hours
4.9.8 Bacteriology and sterilization, microbiology of the skin, safety procedures: 34 hours
4.9.9 Clinic/office management, client relations, communication, professional etics and management issues: 10 hours
4.9.10 Laws, rules and regulations of the Delaware Board of Cosmetology and Barbering: 10 hours
4.9.11 Consultations, oral and written client/practitioner telephone and office consultations: 40 hours
4.9.12 Practice hours, to include but not limited to: coordination skills with probe holder and tweezers/forceps, insertions, sanitation/sterilization procedures, hands-on equipment (electrolysis, thermolysis, blend), client pre/post treatment assessment, general treatment procedures, and consultations: 350 hours
4.9.13 State board exam preparation and review: 10 hours
4.10 Electrology apprenticeship supplies. The apprentice teacher shall require that each apprentice has at all times the basic supplies and materials for the learning of electrology, which shall include a current paper or electronic copy of the laws and rules and regulations of the Delaware Board of Cosmsetology and Barbering. If the supplies are provided by the apprentice teacher, the apprentice teacher may not charge the apprentice more than the fair market value of such supplies.
4.11 Amended regulations pertaining to apprenticeships, as set forth in Sections 3.0 and 4.0, apply to apprenticeships commenced after the effective date of this Regulation.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-5.0 Reciprocity Requirements [24 Del.C. §5109]
Any applicant from a state with less stringent requirements than those of Delaware, shall submit a notarized statement from each current or previous employer testifying to work experience in the field for which the applicant is seeking a license in Delaware. Such experience shall have been obtained in the State where the applicant is currently licensed for a period of 1 continuous year of the 5 years immediately preceding the making of application. Unlicensed practice within the State of Delaware shall not qualify as valid work experience. If the applicant cannot obtain a notarized statement, the applicant shall submit a letter of explanation as to why an affidavit could not be obtained and alternative documentation of experience, such as tax records, acceptable to the Board.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-6.0 Transfer of Nail Technician Hours to Cosmetology Programs
A maximum of 250 hours earned as an apprentice nail technician may be transferred and applied to an apprentice cosmetology program totaling 3,000 hours. A maximum of 125 hours earned as a nail technician student in a public/private school may be transferred and applied to a public/private cosmetology school curriculum totaling 1,500 hours.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-7.0 Transfer of Aesthetician Hours to Cosmetology Programs
A maximum of 500 hours earned as an apprentice aesthetician may be transferred and applied to an apprentice cosmetology program totaling 3,000 hours. A maximum of 250 hours earned as an aesthetician student in a public/private school may be transferred and applied to a public/private cosmetology school curriculum totaling 1,500 hours.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-8.0 Duty to Update Address
Licensees must provide the Division of Professional Regulation with a current mailing address and current email address. Any change in mailing or email address must be reported to the Division within 10 days of such change. All notifications and correspondence pertaining to a license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current mailing address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-9.0 Instructor Requirements [24 Del.C. §§5107(a)(3)h. - j.]
9.1 In addition to the requirements set forth in 24 Del.C. §§5107(a)(3)h. - j., an instructor applicant shall submit an official transcript showing completion of the teacher training course.
9.2 Where an instructor applicant states that the applicant has obtained 2 years’ experience, such experience shall be documented by a notarized statement from each current or previous employer. If the required statement cannot be obtained, the applicant must submit an explanation as to why the statement cannot be obtained, with any other available documentation, such as W-2 forms. The Board may accept or reject such explanation, at its discretion.
9.3 A cosmetology instructor may teach cosmetology, nail technology and aesthetics. A cosmetology instructor may teach barbering only if he or she has completed at least 35 hours of instruction in shaving as documented to the satisfaction of the Board.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-10.0 Licensure of Cosmetology Shops and Schools [24 Del.C. §§5107(7), 5107(15), 5103(e), 5118, 5124(5)]
10.1 “Cosmetology shop” means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any part of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop.
10.2 “School of cosmetology,” “school of barbering,” “school of electrology,” “school of nail technology,” and “school of aesthetics” means any place or part thereof were such practices are taught, whether or not such place holds itself out as a school.
10.3 All cosmetology shops and schools shall be licensed by the Board.
10.4 Where the shop or school has a change of name, address or ownership, the shop or school shall submit a new application to the Board. Where the shop or school closes, the shop or school shall inform the Board in writing within 30 days.
10.5 A person licensed by the Board shall not work in a cosmetology shop, barbershop, nail salon, electrology establishment, aesthetics shop, school of cosmetology, barbering, nail technology, electrology or aesthetics unless such establishment has been licensed by the Board.
10.6 Mobile salons
10.6.1 “Mobile salon” means a cosmetology shop in a self-contained facility that may be moved, towed or transported from one location to another and in which cosmetology, barbering, electrology, nail technology or aesthetics is practiced.
10.6.2 Mobile salons shall be subject to all requirements of the Board’s licensing law, Chapter 51 of Title 24 of the Delaware Code, the Board’s rules and regulations, and the Division of Public Health regulations applicable to cosmetology and barbering.
10.6.3 In addition to any other information required in the application for licensure, or requested by the Board, a mobile salon applicant shall provide:
10.6.3.1 A permanent business address at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers shall be kept and made available for inspection by Division personnel, and at which correspondence from the Board may be received. A post office box is not acceptable.
10.6.3.2 In the event that the mobile unit are not located at the permanent business address, a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use. A post office box is not acceptable.
10.6.3.3 The mobile salon’s telephone number, or other means of telecommunication, by which it can be contacted by Division personnel.
10.6.3.4 All motor vehicles’ identification numbers.
10.6.4 All mobile salons and associated business locations shall be subject to inspection by Division and Department of Public Health personnel.
10.6.5 The mobile salon’s professional license shall be prominently displayed in the interior of the salon.
10.6.6 The salon name and license number shall be in lettering at least 5 inches in height and shall be visibly displayed and clearly legible on at least 2 exterior sides of each mobile salon.
10.6.7 No service may be performed on a client in a moving vehicle. Services shall be performed in a mobile salon that is parked in a safe, accessible, and legal parking spot.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-11.0 Establishment Responsibility for Employees [24 Del.C. §5113(a)(7)]
11.1 Each person licensed by the Board and each person, firm, corporation or association licensed by the Board operating a cosmetology shop, barbershop, nail salon, or electrology establishment shall be responsible for ensuring that all persons on the premises providing services regulated by this chapter are licensed in Delaware. The licensee shall have available for inspection on the premises at all times copies of the Delaware licenses of all persons providing services.
11.2 An individual, licensee or licensed shop who knowingly employs or cooperates in the hiring or contracting for the services of, or, as the owner or operator of a shop, leases space or otherwise enters into a contractual relationship with, any unlicensed person or persons required by this chapter to hold an unrestricted license to practice any of the professions regulated by this chapter may be subject to discipline pursuant to 24 Del.C. §5113(a)(7).
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-12.0 Instructor Curriculum for Barbering and Cosmetology
12.1 Schools licensed by the Board must follow 1 of the following curricula, or a curricula deemed substantially equivalent by the Board:
12.1.1 Milady
12.1.2 Pivot Point
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-13.0 Requirements for Schools
13.1 Prior to admitting a student, a school shall also provide the applicant with a copy of Section 18.0 and advise the applicant that a criminal history may impact licensure. The school shall maintain written acknowledgment from the student that Section 18.0 has been received and said written acknowledgment shall be maintained in the applicant's file.
13.2 All schools teaching the professions regulated by this chapter shall have equipment that is necessary and appropriate for teaching of all the offered subjects.
13.3 All instructors in schools shall be licensed. A temporary instructor shall be supervised at all times by a licensed instructor.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-14.0 Education Requirements for Nail Technician Applicants [24 Del.C. §5107(a)(3)e]
An applicant who can demonstrate, to the Board's satisfaction, that the applicant began school prior to June 26, 2010 shall complete 125 hours of education in nail technology. An applicant who began school on or after June 26, 2010 shall complete 300 hours of education in nail technology.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-15.0 Education Requirements for Aesthetician Applicants [24 Del.C. §5127(a)(2)]
An applicant who can demonstrate, to the Board's satisfaction, that the applicant began school prior to June 26, 2010 shall complete 300 hours of education in aesthetics. An applicant who began school on or after June 26, 2010 shall complete 600 hours of education in aesthetics.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-16.0 Health and Sanitation
16.1 Each licensee, instructor, aesthetician, and shop or school shall follow all regulations or standards issued by the Division of Public Health or its successor agency relating to health, safety or sanitation in the practice of the professions regulated by the Board.
16.2 In addition to any regulation or standard adopted by the Division of Public Health, each licensee and shop or school shall follow the standards for infection control and blood spill procedures promulgated by the National Interstate Council or its successor organization.
16.3 Electric nail files and electric drills shall not be used on natural nails. The use of methyl methacrylate (MMA) is prohibited. No licensee, school or shop shall use or permit the use of MMA.
16.4 Where wax is used for hair removal, a new applicator shall be used with every application.
16.5 No product shall be used in a manner that is disapproved by the Board, the Division of Health and Social Services, the Food and Drug Administration, or is in violation of any applicable federal or State statute or regulation.
16.6 Hair removal shall be performed by a licensed cosmetologist or licensed aesthetician only. Nail technicians are prohibited from performing any type of hair removal, including waxing, or tweezing.
16.7 Violation of any of the regulations, standards or prohibitions established under this Section shall constitute grounds for discipline under 24 Del.C. §5113.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-17.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
17.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or the Director's designate of the report. If the Director of Professional Regulation receives the report, the Director shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
17.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the regulated professional in question and inform the regulated professional in writing of the report, provide the regulated professional written information describing the Voluntary Treatment Option, and give the regulated professional the opportunity to enter the Voluntary Treatment Option.
17.3 In order for the regulated professional to participate in the Voluntary Treatment Option, the regulated professional shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the regulated professional by the participating Board chairperson or that chairperson's designate or designates.
17.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or the Director's designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
17.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.
17.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes the following provisions:
17.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
17.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or the Director's designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or the Director's designate, and the person making the report will not be liable when the reports are made in good faith and without malice.
17.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
17.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
17.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or that chairperson’s designate or designates or to the Director of the Division of Professional Regulation or the Director's designate by the treating professional who shall be immune from any liability for reporting made in good faith and without malice.
17.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
17.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
17.8 The participating Board's chairperson, that chairperson’s designate or designates or the Director of the Division of Professional Regulation or the Director's designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired regulated professional if that action is deemed necessary to protect the public health, welfare or safety.
17.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
17.10 Failure to enter into an agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
17.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from the reports, and the person’s confidentiality shall be protected if the matter is handled in a nondisciplinary matter.
17.12 The confidentiality of any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall be protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
24 Del. Admin. Code § 5100-18.0 Crimes Substantially Related to the Practice of Cosmetology, Barbering, Electrology and Nail Technology
18.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of cosmetology, barbering, electrology and nail technology in the State of Delaware without regard to the place of conviction:
18.1.1 Reckless endangering in the first degree. 11 Del.C. §604.
18.1.2 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
18.1.3 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
18.1.4 Assault in the second degree. 11 Del.C. §612.
18.1.5 Assault in the first degree. 11 Del.C. §613.
18.1.6 Assault by abuse or neglect. 11 Del.C. §615.
18.1.7 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
18.1.8 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
18.1.9 Murder in the second degree. 11 Del.C. §635.
18.1.10 Murder in the first degree. 11 Del.C. §636.
18.1.11 Unlawful sexual contact in the first degree. 11 Del.C. §769.
18.1.12 Rape in the fourth degree. 11 Del.C. §770.
18.1.13 Rape in the third degree. 11 Del.C. §771.
18.1.14 Rape in the second degree. 11 Del.C. §772.
18.1.15 Rape in the first degree. 11 Del.C. §773.
18.1.16 Sexual extortion. 11 Del.C. §776.
18.1.17 Sex offender unlawful sexual conduct against a child. 11 Del.C. §777A.
18.1.18 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. 11 Del.C. §778.
18.1.19 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree. 11 Del.C. §778A.
18.1.20 Female genital mutilation. 11 Del.C. §780.
18.1.21 Kidnapping in the second degree. 11 Del.C. §783.
18.1.22 Kidnapping in the first degree. 11 Del.C. §783A.
18.1.23 Arson in the second degree. 11 Del.C. §802.
18.1.24 Arson in the first degree. 11 Del.C. §803.
18.1.25 Identity theft. 11 Del.C. §854.
18.1.26 Forgery. 11 Del.C. §861.
18.1.27 Unlawful use of credit card; felony. 11 Del.C. §903.
18.1.28 Reencoder and scanning devices. 11 Del.C. §903A.
18.1.29 Dealing in children. 11 Del.C. §1100.
18.1.30 Endangering the welfare of a child. 11 Del.C. §1102.
18.1.31 Sexual exploitation of a child. 11 Del.C. §1108.
18.1.32 Unlawfully dealing in child pornography. 11 Del.C. §1109.
18.2 Crimes substantially related to the practice of cosmetology, barbering, electrology and nail technology shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this Section.
History
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 18 DE Reg. 239 (09/01/14)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 2 DE Reg. 1378 (02/01/99)
- 3 DE Reg. 1197 (03/01/00)
- 4 DE Reg. 329 (08/01/00)
- 5 DE Reg. 1260 (12/01/01)
- 8 DE Reg. 1460 (04/01/05)
- 15 DE Reg. 224 (08/01/11)
- 20 DE Reg. 916 (05/01/17)
- 26 DE Reg. 1077 (06/01/23)
- 27 DE Reg. 888 (05/01/24)
5200 Board of Examiners of Nursing Home Administrators
24 Del. Admin. Code § 5200-1.0 General Provisions
1.1 Words and terms defined in Title 24, Chapter 52 of the Delaware Code are applicable to these regulations.
1.2 The following additional words and terms, when used within these regulations, shall have the following meaning:
“AIT” means nursing home administrator-in-training as defined in 29 Del.C. § 5202.
"ALF" means an assisted living facility.
“Board” means the Delaware Board of Examiners of Nursing Home Administrators.
“CE” means continuing education.
“Direct supervision” means oversight on the premises of a nursing home by a preceptor.
“Division” means the Delaware Division of Professional Regulation.
“NAB” means the National Association of Long Term Care Administrator Boards.
“Preceptor” means an individual who currently has an active Delaware Nursing Home Administrator license and is employed in a SNF or ALF and is approved by the Board to have oversight of an AIT candidate according to the rules of the AIT program.
"SNF" means a skilled nursing facility.
“Sponsoring facility” means the nursing home facility at which candidates expect to conduct the majority of their AIT program, often their employer.
1.3 Licensees shall display their license in their office or other conspicuous place in their place of business or employment.
1.4 Upon receipt of satisfactory evidence that a license has been lost, mutilated, or destroyed, the Board may issue a duplicate license. The duplication fee is set by the Division.
1.5 Licensee shall inform the Board of a change in address within 30 days.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-2.0 Application for Licensure by Examination
2.1 Applications shall be made in writing on forms provided by the Board.
2.2 To obtain licensure, applicants must meet the educational and experience requirements including completion of a program that the NAB has approved, such as the Institute for Continuing Education & Research 120 hour program, University of North Carolina at Chapel Hill, long term care education, St. Joseph’s College of Maine Nursing Home and Assisted Living Administration or York College of Pennsylvania 120 hour program. Applicants who have completed a baccalaureate or graduate degree from an accredited college or university with a major in long term care administration or the equivalent thereof are not required to complete the NAB program set forth in subsection 2.2.
2.3 Applicants must pass the NAB examination, which shall include NAB’s CORE and NAB’s NHA examinations.
2.4 Applicants must obtain Board approval before they may take the NAB examination. To obtain Board approval, applicants must:
2.4.1 Submit satisfactory evidence of having met one of the educational requirements under Section 5209(a)(1) of Title 24 of the Delaware Code; and
2.4.2 Submit a plan to complete the AIT program that corresponds with their education in accordance with Section 3.0; and
2.4.3 Identify the applicant’s preferred preceptors.
2.5 If the Board is satisfied that the applicant has completed the requisite education and approves the applicant’s AIT plan and preferred preceptors, the applicant shall be approved to begin their AIT program under the direct supervision of the approved preceptors.
2.5.1 Approved applicants shall begin their AIT program immediately.
2.5.2 Applicants not approved by the Board may be given the opportunity to rectify deficiencies in their applications before denial of their application is proposed.
2.6 Applicants approved to take the examination will be granted licensure once the Board receives confirmation that the applicant has achieved a passing score of 75% or more on the NAB examination. Applicants shall have no longer than 2 years from the date of Board approval to pass the exam. Applicants shall be limited to 4 attempts within that 2-year period. Applicants who do not pass the exam in 4 attempts are no longer eligible to take the exam.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-3.0 Administrator-In-Training (“AIT”) Program
3.1 Every AIT program shall be approved by the Board and shall be conducted under the direct supervision of the pre-approved preceptor. The start date and expiration date of the approved AIT program shall be printed on the AIT license. AIT progress reports must be submitted to the Board by the AIT every 3 months for the duration of the AIT program. Supervised training of the AIT must continue for the entire duration of the AIT program, regardless of whether or not the AIT outline has been fulfilled.
3.2 AIT programs must be split between an SNF and ALF. If the sponsoring facility is an SNF, the Board will require that at least 10% of the program be completed in an ALF. If the sponsoring facility is an ALF, the Board will require that at least 25% of the program be completed in an SNF. The training for each subject of the program shall be conducted in the proper facility. Because the AIT program is split between an SNF and an ALF, a preceptor is required for each type of facility.
3.3 AITs shall begin their program immediately after receiving notification of approval of their AIT plan and preceptors.
3.4 Preceptors shall make themselves available to provide direction, observation, aid, training, and instruction to their AIT. Preceptors shall submit quarterly progress reports to the Board. AIT programs are expected to be an interactive process between the preceptor and their AIT to ensure that the AIT fully experiences the nature and scope of a nursing home administrator’s responsibilities.
3.5 AIT programs are expected to provide applicants with experience that will establish their suitability and fitness to practice as a nursing home administrator and their ability to perform the essential functions of a nursing home administrator. Examples of essential functions are:
3.6 AIT programs must be completed within the allotted time, including any extensions granted by the Board; otherwise the AIT license expires and the individual must submit a new application for licensure as an AIT.
3.7 Extensions may be granted at the sole discretion of the Board upon written request by an AIT or a preceptor. Requests for extensions must be submitted before the expiration of the AIT licensing certificate and must provide a detailed explanation of the reason an extension is needed.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-4.0 Application for Licensure by Reciprocity
4.1 Applicants must:
4.1.1 Submit a notarized statement listing all licensing jurisdictions in which a license was held; and
4.1.2 Cause a verification of licensure status to be submitted directly to the Board from all jurisdictions.
4.2 Determination of Substantial Similarity of Licensing Standards - The applicant must submit a copy of the laws and regulations governing licensure from the jurisdiction from which reciprocity is sought. The burden of proof is upon the applicant to demonstrate that the licensure standards are at least equivalent to those of this State. Based upon the information presented, the Board shall make a determination regarding substantial similarity.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-5.0 Programs for Continuing Education Credits
5.1 Continuing education programs consisting of Board approved seminars, resident or extension courses, conferences, and workshops totaling 48 hours or more, on any of the subject areas enumerated in subsection 5.2, are required during the biennial licensure period of a license as a Nursing Home Administrator. The following are requirements for license renewal:
5.1.1 For licenses initially authorized during the first 6 months of the biennial period, 36 credit hours will be required for renewal.
5.1.2 For licenses initially authorized during the second 6 months of the biennial period, 24 credit hours will be required for renewal.
5.1.3 For licenses initially authorized during the third 6 months of the biennial period, 12 credit hours will be required for renewal.
5.1.4 For licenses initially authorized during the fourth 6 months of the biennial period, no credit hours will be required for renewal.
5.1.5 When continuing education units are not met, there will be no extensions, absent showing hardship.
5.2 Content of programs of continuing education shall include 1 or more of the following general subject areas or their equivalents:
5.2.1 Applicable standards of environmental health and safety;
5.2.2 Health and safety regulations;
5.2.3 General administration;
5.2.4 Psychology of patient care;
5.2.5 Principles of medical care;
5.2.6 Personal and social care;
5.2.7 Therapeutic and supportive care and services in long-term care;
5.2.8 Department organization and management;
5.2.9 Community interrelationships;
5.2.10 Business or financial management;
5.2.11 Quality assurance and performance improvement (QAPI); and
5.2.12 Emergency preparedness.
5.3 Acceptable programs of continuing education are:
5.3.1 Those conducted solely by accredited educational institutions.
5.3.2 Those conducted jointly by accredited educational institutions and associations, professional societies, or organizations other than accredited colleges or universities.
5.3.3 Those conducted solely by associations, professional societies, and other professional organizations other than accredited educational institutions.
5.3.4 Those self-instruction or home study courses, videos, computer-assisted programs, online and webinars courses approved by the NAB or pre-approved by the Board.
5.3.5 Courses approved by the NAB.
5.4 During each license renewal period in which the licensee is required to complete continuing education, including those licensees required to complete a prorated number of total continuing education hours, programs on the following subjects are required in the amount indicated:
5.4.1 Patient abuse and neglect - 2 hours;
5.4.2 Infection prevention - 2 hours; and
5.4.3 Professional ethics - 2 hours.
5.5 Upon completion of an approved program of study, the sponsor or sponsors of the program shall issue certificates of attendance or other evidence of completion satisfactory to the Board.
5.6 Licensees appointed to the Delaware Board of Examiners of Nursing Home Administrators may receive 0.5 CE credits for every board meeting they attend, regardless of the length of the meeting. Members may be granted credit for a maximum of 6 meetings within a 2-year licensure period, for a cap of 3.0 CE credits.
5.7 Preceptors shall receive 3 CE credits per student per licensure period with a maximum of 6 CE credits per licensure period. CE credits will not be awarded to the preceptor until final approval of the AIT’s final quarterly progress report by the Board.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-6.0 Temporary Licensure
Temporary licenses shall be issued in the manner established by and in accordance with the requirements of 24 Del.C. § 5211.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-7.0 Renewal of Licensure
7.1 Licensees shall report any facts requested by the Board in conjunction with the renewal process.
7.2 Licensees must attest to completion of the continuing education requirements of Section 5.0. Attestation shall be completed electronically.
7.3 Post-Renewal Audit – The Board will conduct random audits of renewal applications to ensure the veracity of attestations and compliance with the renewal requirements. Licensees selected for the random audit shall submit CE course attendance verification in the form of a certificate signed by the course presenter or by a designated official of the sponsoring organization. Licensees shall retain their CE course attendance documentation for each licensure period and for at least 1 year after renewal. Licensees found to be deficient or found to have falsely attested may be subject to disciplinary proceedings and may have their license suspended or revoked. Licensees renewing during the late renewal period shall be audited.
7.4 Late Renewal.
7.4.1 A licensed Nursing Home Administrator whose license has expired may, within 1 year following the licensure period, have the license reinstated without examination upon payment of the renewal fee, plus a late fee. In addition, satisfactory evidence must be submitted to the Board that during the preceding biennial licensure period the applicant has completed continuing education programs or courses of study that meet the requirements of Section 5.0.
7.4.2 Any licensee whose license has expired for a period in excess of 1 year may have the license reinstated without examination in accordance with subsection 7.4.1 and upon satisfying the Board as to the applicant’s current qualifications by completing an application form, providing, however, such applicant may attach a resume in lieu of completing the sections on occupational background and administrative experience of the application form.
7.5 Inactive Status
7.5.1 A written request must be submitted to have a license placed on inactive status. Inactive status is effective immediately upon Board approval. The inactive status may continue for 3 years from the date of Board approval. An inactive license shall terminate at the end of the 3-year period unless the license is returned to active status before the end of the 3-year period.
7.5.2 A licensee who has been granted inactive status and who wishes to return to active status shall submit a written request to the Board along with a pro-rated renewal fee and proof of completion of 24 units of continuing education for each annual period of inactive status. All of the required continuing education units must have been completed within the 12-month period immediately preceding the request for reinstatement.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-8.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
8.1 If the report is received by the President of the regulatory Board, the President shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the President of the regulatory Board, or that President’s designate or designates.
8.2 The President of the regulatory Board or the President’s designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
8.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screening shall take place within 30 days following notification to the professional by the participating Board President or the President’s designate(s).
8.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board President or that President’s designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the President of the participating Board or that President’s designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the President of the participating Board.
8.5 Failure to cooperate fully with the participating Board President or that President’s designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board President or the President’s designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 8.8 of this section.
8.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
8.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
8.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the President of the participating Board or to that President’s designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the President of the participating Board or that President’s designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
8.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
8.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
8.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's President or his/her designate or designates or to the Director of the Division of Professional Regulation or his/her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
8.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
8.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
8.8 The participating Board's President, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
8.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
8.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
8.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
8.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
24 Del. Admin. Code § 5200-9.0 Crimes substantially related to the practice of nursing home administration:
9.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of nursing home administration in the State of Delaware without regard to the place of conviction:
9.1.1 Offensive touching. 11 Del.C. §601.
9.1.2 Aggravated menacing. 11 Del.C. §602(b).
9.1.3 Reckless endangering in the second degree. 11 Del.C. §603.
9.1.4 Reckless endangering in the first degree. 11 Del.C. §604.
9.1.5 Abuse of a pregnant female in the second degree. 11 Del.C. §605.
9.1.6 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
9.1.7 Assault in the third degree. 11 Del.C. §611.
9.1.8 Assault in the second degree. 11 Del.C. §612.
9.1.9 Assault in the first degree. 11 Del.C. §613.
9.1.10 Abuse of a sports official. 11 Del.C. §614.
9.1.11 Assault by abuse or neglect. 11 Del.C. §1103B.
9.1.12 Gang participation. 11 Del.C. §616.
9.1.13 Terroristic threatening. 11 Del.C. §621.
9.1.14 Unlawfully administering drugs. 11 Del.C. §625.
9.1.15 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
9.1.16 Vehicular assault in the first degree. 11 Del.C. §629.
9.1.17 Vehicular homicide in the second degree. 11 Del.C. §630.
9.1.18 Vehicular homicide in the first degree. 11 Del.C. §630A.
9.1.19 Criminally negligent homicide. 11 Del.C. §631.
9.1.20 Manslaughter. 11 Del.C. §632.
9.1.21 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
9.1.22 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
9.1.23 Murder in the second degree; class A felony. 11 Del.C. §635.
9.1.24 Murder in the first degree. 11 Del.C. §636.
9.1.25 Promoting suicide. 11 Del.C. §645.
9.1.26 Abortion. 11 Del.C. §651.
9.1.27 Self-abortion. 11 Del.C. §652.
9.1.28 Issuing abortional articles. 11 Del.C. §653.
9.1.29 Indecent exposure in the first degree. 11 Del.C. §765.
9.1.30 Incest. 11 Del.C. §766.
9.1.31 Unlawful sexual contact in the third degree. 11 Del.C. §767.
9.1.32 Unlawful sexual contact in the second degree. 11 Del.C. §768.
9.1.33 Unlawful sexual contact in the first degree. 11 Del.C. §769.
9.1.34 Rape in the fourth degree. 11 Del.C. §770.
9.1.35 Rape in the third degree. 11 Del.C. §771.
9.1.36 Rape in the second degree. 11 Del.C. §772.
9.1.37 Rape in the first degree. 11 Del.C. §773.
9.1.38 Sexual extortion. 11 Del.C. §774.
9.1.39 Bestiality. 11 Del.C. §775.
9.1.40 Continuous sexual abuse of a child. 11 Del.C. §776.
9.1.41 Dangerous crime against a child. 11 Del.C. §777.
9.1.42 Female genital mutilation. 11 Del.C. §780.
9.1.43 Unlawful imprisonment in the second degree. 11 Del.C. §781.
9.1.44 Unlawful imprisonment in the first degree. 11 Del.C. §782.
9.1.45 Kidnapping in the second degree. 11 Del.C. §783.
9.1.46 Kidnapping in the first degree. 11 Del.C. §783A.
9.1.47 Interference with custody. 11 Del.C. §785.
9.1.48 Acts constituting coercion. 11 Del.C. §791.
9.1.49 Arson in the third degree. 11 Del.C. §801.
9.1.50 Arson in the second degree. 11 Del.C. §802.
9.1.51 Arson in the first degree. 11 Del.C. §803.
9.1.52 Reckless burning or exploding; felony. 11 Del.C. §804.
9.1.53 Cross or religious symbol burning. 11 Del.C. §805.
9.1.54 Criminal mischief. 11 Del.C. §811.
9.1.55 Trespassing with intent to peep or peer. 11 Del.C. §820.
9.1.56 Burglary in the third degree. 11 Del.C. §824.
9.1.57 Burglary in the second degree. 11 Del.C. §825.
9.1.58 Burglary in the first degree. 11 Del.C. §826.
9.1.59 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828.
9.1.60 Robbery in the second degree. 11 Del.C. §831.
9.1.61 Robbery in the first degree. 11 Del.C. §832.
9.1.62 Carjacking in the second degree. 11 Del.C. §835.
9.1.63 Carjacking in the first degree. 11 Del.C. §836.
9.1.64 Shoplifting. 11 Del.C. §840.
9.1.65 Use of illegitimate retail sales receipt or Universal Product Code Label. 11 Del.C. §840A.
9.1.66 Theft. 11 Del.C. §841.
9.1.67 Extortion. 11 Del.C. §846.
9.1.68 Misapplication of property. 11 Del.C. §848.
9.1.69 Theft of rented property. 11 Del.C. §849.
9.1.70 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; felony. 11 Del.C. §850.
9.1.71 Receiving stolen property; felony. 11 Del.C. §851.
9.1.72 Identity theft. 11 Del.C. §854.
9.1.73 Possession of shoplifters tools or instruments facilitating theft. 11 Del.C. §860.
9.1.74 Forgery. 11 Del.C. §861.
9.1.75 Possession of forgery devices. 11 Del.C. §862.
9.1.76 Falsifying business records. 11 Del.C. §871.
9.1.77 Tampering with public records in the second degree 11 Del.C. §873.
9.1.78 Tampering with public records in the first degree. 11 Del.C. §876.
9.1.79 Offering a false instrument for filing. 11 Del.C. §877.
9.1.80 Issuing a false certificate. 11 Del.C. §878.
9.1.81 Bribery. 11 Del.C. §881.
9.1.82 Bribe receiving. 11 Del.C. §882.
9.1.83 Defrauding secured creditors. 11 Del.C. §891.
9.1.84 Fraud in insolvency. 11 Del.C. §892.
9.1.85 Interference with levied-upon property. 11 Del.C. §893.
9.1.86 Issuing a bad check. 11 Del.C. §900.
9.1.87 Unlawful use of payment card. 11 Del.C. §903.
9.1.88 Re-encoder and scanning devices. 11 Del.C. §903A.
9.1.89 Deceptive business practices. 11 Del.C. §906.
9.1.90 Criminal impersonation. 11 Del.C. §907.
9.1.91 Criminal impersonation, accident related. 11 Del.C. §907A.
9.1.92 Criminal impersonation of a police officer. 11 Del.C. §907B.
9.1.93 Unlawfully concealing a will. 11 Del.C. §908.
9.1.94 Securing execution of documents by deception. 11 Del.C. §909.
9.1.95 Fraudulent conveyance of public lands. 11 Del.C. §911.
9.1.96 Fraudulent receipt of public lands. 11 Del.C. §912.
9.1.97 Insurance fraud. 11 Del.C. §913.
9.1.98 Health care fraud. 11 Del.C. §913A.
9.1.99 Home improvement fraud. 11 Del.C. §916.
9.1.100 New home construction fraud. 11 Del.C. §917.
9.1.101 Transfer of recorded sounds. 11 Del.C. §920.
9.1.102 Sale of transferred recorded sounds. 11 Del.C. §921.
9.1.103 Improper labeling 11 Del.C. §922.
9.1.104 Bigamy. 11 Del.C. §1001.
9.1.105 Dealing in children. 11 Del.C. §1100A.
9.1.106 Endangering the welfare of a child. 11 Del.C. §1102.
9.1.107 Sexual exploitation of a child. 11 Del.C. §1108.
9.1.108 Unlawfully dealing in child pornography. 11 Del.C. §1109.
9.1.109 Possession of child pornography. 11 Del.C. §1111.
9.1.110 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
9.1.111 Sexual solicitation of a child. 11 Del.C. §1112A.
9.1.112 Body-piercing, tattooing or branding. 11 Del.C. §1114.
9.1.113 Tongue-splitting. 11 Del.C. §1114A.
9.1.114 Bribery. 11 Del.C. §1201.
9.1.115 Receiving a bribe; class E felony. 11 Del.C. §1203.
9.1.116 Improper influence. 11 Del.C. §1207.
9.1.117 Official misconduct. 11 Del.C. §1211.
9.1.118 Profiteering. 11 Del.C. §1212.
9.1.119 Perjury in the second degree. 11 Del.C. §1222.
9.1.120 Perjury in the first degree. 11 Del.C. §1223.
9.1.121 Making a false written statement. 11 Del.C. §1233.
9.1.122 Terroristic threatening of public officials or public servants. 11 Del.C. §1240.
9.1.123 Hindering prosecution; felony. 11 Del.C. §1244.
9.1.124 Falsely reporting an incident; felony. 11 Del.C. §1245.
9.1.125 Obstructing the control and suppression of rabies; felony. 11 Del.C. §1248.
9.1.126 Abetting the violation of driver’s license restrictions; felony. 11 Del.C. §1249.
9.1.127 Offenses against law-enforcement animals; felony. 11 Del.C. §1250.
9.1.128 Escape in the second degree. 11 Del.C. §1252.
9.1.129 Escape after conviction. 11 Del.C. §1253.
9.1.130 Assault in a detention facility. 11 Del.C. §1254.
9.1.131 Promoting prison contraband; felony. 11 Del.C. §1256.
9.1.132 Use of an animal to avoid capture; felony 11 Del.C. §1257A.
9.1.133 Sexual relations in detention facility. 11 Del.C. §1259.
9.1.134 Bribing a witness. 11 Del.C. §1261.
9.1.135 Bribe receiving by a witness. 11 Del.C. §1262.
9.1.136 Tampering with a witness. 11 Del.C. §1263.
9.1.137 Interfering with child witness. 11 Del.C. §1263A.
9.1.138 Bribing a juror. 11 Del.C. §1264.
9.1.139 Bribe receiving by a juror. 11 Del.C. §1265.
9.1.140 Tampering with a juror. 11 Del.C. §1266.
9.1.141 Misconduct by a juror. 11 Del.C. §1267.
9.1.142 Tampering with physical evidence. 11 Del.C. §1269.
9.1.143 Riot. 11 Del.C. §1302.
9.1.144 Hate crimes. 11 Del.C. §1304.
9.1.145 Stalking. 11 Del.C. §1312.
9.1.146 Malicious interference with emergency communications. 11 Del.C. §1313.
9.1.147 Cruelty to animals. 11 Del.C. §1325.
9.1.148 The unlawful trade in dog or cat by-products. 11 Del.C. §1325A
9.1.149 Animals; fighting and baiting prohibited; felony. 11 Del.C. §1326.
9.1.150 Maintaining a dangerous animal; felony. 11 Del.C. §1327.
9.1.151 Abusing a corpse. 11 Del.C. §1332.
9.1.152 Trading in human remains and associated funerary objects. 11 Del.C. §1333.
9.1.153 Violation of privacy. 11 Del.C. §1335.
9.1.154 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
9.1.155 Adulteration. 11 Del.C. §1339.
9.1.156 Promoting prostitution in the third degree. 11 Del.C. §1351.
9.1.157 Promoting prostitution in the second degree. 11 Del.C. §1352.
9.1.158 Promoting prostitution in the first degree. 11 Del.C. §1353.
9.1.159 Permitting prostitution. 11 Del.C. §1355.
9.1.160 Obscenity. 11 Del.C. §1361.
9.1.161 Carrying a concealed deadly weapon. 11 Del.C. §1442.
9.1.162 Possessing a destructive weapon. 11 Del.C. §1444.
9.1.163 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
9.1.164 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.
9.1.165 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.
9.1.166 Criminal history record checks for sales of firearms; felony. 11 Del.C. §1448A.
9.1.167 Receiving a stolen firearm. 11 Del.C. §1450.
9.1.168 Theft of a firearm. 11 Del.C. §1451.
9.1.169 Giving a firearm to person prohibited. 11 Del.C. §1454.
9.1.170 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
9.1.171 Unlawfully permitting a minor access to a firearm. 11 Del.C. §1456.
9.1.172 Possession of a weapon in a Safe School and Recreation Zone; felony. 11 Del.C. §1457.
9.1.173 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.
9.1.174 Prohibited acts. cheating devices)-(e). 11 Del.C. §1471.
9.1.175 Victim or Witness Intimidation. 11 Del.C. §3532 & 3533.
9.1.176 Abuse, neglect, mistreatment or financial exploitation of residents or patients 16 Del.C. §1136(a), (b) and (c).
9.1.177 Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony. 23 Del.C. §2302(a) and § 2305 (3) and (4).
9.1.178 Attempt to evade or defeat tax. 30 Del.C. §571.
9.1.179 Failure to collect or pay over tax. 30 Del.C. §572.
9.1.180 Fraud and false statements [taxes]. 30 Del.C. §574.
9.1.181 Obtaining benefit under false representation. 31 Del.C. §1003.
9.1.182 Reports, statements and documents. 31 Del.C. §1004(1), (2), (3), (4), (5)
9.1.183 Kickback schemes and solicitations. 31 Del.C. §1005.
9.1.184 Conversion of payment. 31 Del.C. §1006.
9.1.185 Altering or forging certificate of title, manufacturer’s certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate. 21 Del.C. §2316.
9.1.186 False statements; incorrect or incomplete information. 21 Del.C. §2620.
9.1.187 License to operate a motorcycle, motorbike, etc. 21 Del.C. §2703.
9.1.188 Unlawful application for or use of license or identification card. 21 Del.C. §2751.
9.1.189 False statements. 21 Del.C. §2752
9.1.190 Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards. 21 Del.C. §2760(a) and (b).
9.1.191 False statements. 21 Del.C. §3107.
9.1.192 Driving a vehicle while under the influence or with a prohibited alcohol content; felony. 21 Del.C. §4177(3) and (4).
9.1.193 Duty of driver involved in accident resulting in injury or death to any person. 21 Del.C. §4202.
9.1.194 Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires. 21 Del.C. §4604(a).
9.1.195 Receiving or transferring stolen vehicle. 21 Del.C. §6704.
9.1.196 Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; felony. 21 Del.C. §6705(b) and (d).
9.1.197 Possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card. 21 Del.C. §6708(a) and (b).
9.1.198 Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers. 21 Del.C. §6709(a).
9.1.199 Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers. 21 Del.C. §6710(a).
9.1.200 Unlawful Acts. 3 Del.C. §1224.
9.1.201 Fraudulent Written Statements. 3 Del.C. §10049.
9.1.202 Fraudulent Certificate of Registration or Eligibility Documents 3 Del.C. §10050.
9.1.203 Prohibitions [relating to generation, storage, disposal, transportation, and treatment of hazardous waste]. 7 Del.C. §6304.
9.1.204 Interception of Communications Generally; Divulging Contents of Communications 11 Del.C. §2402.
9.1.205 Manufacture, Possession or Sale of Intercepting Device. 11 Del.C. §2403.
9.1.206 Breaking and Entering, Etc. to Place or Remove Equipment. 11 Del.C. §2410.
9.1.207 Obstruction, Impediment or Prevention of Interception. 11 Del.C. §2412.
9.1.208 Obtaining, Altering or Preventing Authorized Access. 11 Del.C. §2421.
9.1.209 Installation and Use Generally [of pen trace and trap and trace devices]. 11 Del.C. §2431.
9.1.210 Disclosure of Expunged Records. 11 Del.C. §4376.
9.1.211 Alteration, theft or destruction of will. 12 Del.C. §210.
9.1.212 Violations related to the sale, purchase, receipt, possession, transportation, use, safety and control of explosive materials other than 16 Del.C. §7103. 16 Del.C. §7112.
9.1.213 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
9.2 Crimes substantially related to the practice of nursing home administration shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 18 DE Reg. 996 (06/01/15)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 28 DE Reg. 610 (02/01/25)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 19 DE Reg. 1106 (06/01/16)
- 28 DE Reg. 610 (02/01/25)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 655 (12/01/13)
- 28 DE Reg. 610 (02/01/25)
- 3 DE Reg. 1060 (02/01/00)
- 9 DE Reg. 104 (07/01/05)
- 9 DE Reg. 1986 (06/01/06)
- 14 DE Reg. 1107 (04/01/11)
- 15 DE Reg. 1770 (06/01/12)
- 17 DE Reg. 552 (11/01/13)
- 17 DE Reg. 655 (12/01/13)
- 18 DE Reg. 996 (06/01/15)
- 19 DE Reg. 1106 (06/01/16)
- 21 DE Reg. 584 (01/01/18)
- 28 DE Reg. 610 (02/01/25)
6100 Board of Elevator Mechanics
24 Del. Admin. Code § 6100-1.0 General
1.1 Governing statute: Chapter 61 of Title 24 of the Delaware Code governs the Board of Elevator Mechanics and the profession under its purview.
1.2 Pursuant to 24 Del.C. §6105(a)(1), the Board is authorized and hereby adopts these rules and regulations.
1.3 Pursuant to the Administrative Procedure Act, 29 Del.C. Ch. 101, the Board reserves the right to make amendments, modifications and additions to these rules and regulations.
1.4 The Board reserves the right to grant exceptions to the requirements of the rules or regulations upon a showing of good cause by the party requesting an exception, provided that the exception is not inconsistent with the requirements of 24 Del.C. Ch. 61.
1.5 Duty to update address. All licensees must provide the Division of Professional Regulation with their current mailing address and email address. Any change in mailing address or email address must be reported to the Division within 10 days of the change. All notifications and correspondence pertaining to a licensee's license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current mailing address will not operate to excuse any duty or responsibility of the licensee and delivery to the most recent address provided by the licensee will be considered proper notice.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-2.0 Definitions
The following words and terms mean the following:
"ASME" means the American Society of Mechanical Engineers.
"Board" means the Delaware Board of Elevator Mechanics.
"CE" means continuing education.
"Elevator" or "escalator" means a hoisting and lowering device equipped with a car or platform that moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure; or a power driven, inclined, continuous stairway used for raising or lowering passengers; or a type of passenger carrying device on which passengers stand or walk, and in which the passenger carrying surface remains parallel to its direction of motion and is uninterrupted, and includes elevators, escalators, moving walkways, dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts that are not within a dwelling unit and any device within the scope of ASME A17.1 (Safety Code for Elevators and Escalators), ASME A18.1 (Safety Standard for Platform Lifts and Stairway Chairlifts), or ASME A90.1 (Safety Standards for Belt Manlifts), published by the ASME, 2004 Edition, which are incorporated herein by reference, as amended and supplemented. "Elevator" or "escalator" does not include any conveying devices, process equipment, and mine elevators. Conveying devices include personnel hoists, material hoists, conveyors, and any other device outside of the scope of ASME A17.1, A18.1, or A90.1. "Dwelling unit" is a single unit providing complete, independent living facilities for 1 or more persons living as a single housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation, and also includes outside access dedicated solely to that unit.
"Elevator services" or "elevator work" means to perform, install, maintain, troubleshoot or supervise any, which may include, but is not limited to, the installation, erection, modernization or repair of any elevator, escalator, dumbwaiter, material lift, vertical reciprocity conveyor (VRC) or conveyance. All elevator services or elevator work must be performed in accordance with the standards established in the ASME code and International Building Code (IBC) that have been adopted by the authority having jurisdiction and in any applicable local building code.
"IUEC" means International Union of Elevator Constructors.
"Stairway chairlift" means a lifting device that has a foot rest and seat, which is attached to stairs.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-3.0 License required
3.1 No individual shall engage in the practice of providing elevator services nor hold oneself out to the public as being qualified to act as a licensed elevator mechanic, or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is qualified to act as a licensed elevator mechanic, unless the individual has been duly licensed under Chapter 61 of Title 24 of the Delaware Code.
3.2 Whenever a state license to practice as an elevator mechanic has expired or been suspended or revoked, it shall be unlawful for the individual to act as an elevator mechanic in this State.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-4.0 Applications
4.1 Applicants shall complete an application approved by the Board. Applications must be in the name of the individual, not a company. An applicant must submit proof of qualifications verified by attestation.
4.2 Where applicable, an applicant must provide proof of instruction, training, or apprenticeship in the form of a certified transcript, certificate of completion or any other document acceptable to the Board.
4.3 Proof of experience requires a notarized affidavit from the supervising licensed elevator mechanic describing the nature of the experience. If an applicant cannot obtain the required notarized affidavit from the supervising licensed elevator mechanic, the applicant shall submit a letter explaining why the experience affidavit cannot be obtained, and W-2 tax forms showing full time employment may be substituted at the discretion of the Board. The required experience and training must be completed prior to taking the licensure exam.
4.4 Applicants relying on military training and experience must submit official documentation from the supervising officials showing the type and approximate hours of work experience. Other official military documentation that reliably verifies military training and experience may be accepted at the discretion of the Board when supervisory officials are not available or cannot be located.
4.5 Incomplete applications will be retained for 1 year to allow an applicant the opportunity to supplement the application. After 1 year, incomplete applications are destroyed and, thereafter, an applicant must submit a new application with the appropriate fee.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-5.0 Proof of Experience
5.1 An applicant applying for licensure based on experience must meet 1 of the following requirements:
5.1.1 Six years' full-time experience under the supervision of a licensed elevator mechanic; or
5.1.2 Eight thousand hours of full-time experience under the supervision of a licensed elevator mechanic, plus 576 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from a lawful, registered apprenticeship program of any state; or
5.1.3 Four years' full-time experience under the supervision of a licensed elevator mechanic and 6,000 hours of technical training.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-6.0 Examinations
Once all credentials have been verified, a license may be issued by the Division of Professional Regulation upon proof of obtaining a passing score on a Board accepted examination and payment of the applicable fee. The passing score will be determined by the testing agency, except that the passing score may not be less than 70%. The roster of persons qualified for licensure will appear in the minutes. A member of the Board may attend the examination. Examinations must be monitored by an approved, independent third party.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-7.0 Insurance
A licensed elevator mechanic is not required to have general liability insurance if the licensee's employer has general liability insurance for all of its employees in the amount of at least $300,000. Elevator applicants and licensees agree to work only for an elevator company that maintains a general liability insurance policy for all of its employees in the minimum amount of $300,000.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-8.0 Expiration, Renewal and Inactive Status
8.1 The licenses granted by the Board must be renewed by June 30th of each even numbered year, otherwise, they expire as of July 1st. It is the responsibility of the licensee to renew the licensee's license. The Board is not required to notify licensees of expiration dates.
8.1.1 As set forth in subsection 9.6, renewal applications will be randomly audited by the Board to ensure their accuracy. Licensees selected for random audit will be notified of that selection within 60 days after the renewal deadline. Licensees must then submit the documentation requested by the date indicated on the audit notice.
8.1.2 As a condition of renewal, applicants must attest to completion of continuing education (CE) as required by Section 9.0. Attestation shall be completed electronically. Licensees selected for random audit will be required to supplement their attestations with documentation of CE completion during the biennial period that is the subject of the audit.
8.2 A licensee may renew an expired license within 1 year after the renewal deadline by meeting all requirements and paying a late fee set by the Division. All late renewals will be audited for compliance with the CE requirements.
8.3 A licensee with an active license may request in writing to be placed on inactive status. Inactive status can be renewed electronically on a biennial basis. Inactive licenses may be reactivated by the Board upon written request with proof of completion of 10 CE credits acquired within the 2 years preceding application and payment of the appropriate fee set by the Division.
8.4 A licensee is not authorized to work as an elevator mechanic in this State during the period of inactive status.
8.5 An individual whose license has expired for more than 1 year must reapply as a new applicant with proof of completion of 10 CE credits acquired within the 2 years preceding application.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-9.0 Continuing Education
9.1 Licensees shall complete 10 hours of approved CE during each renewal period with the following exceptions: a person licensed less than 1 year does not need to complete CE at the first renewal; and a person licensed 1 year but less than 2 years must submit 5 CE hours at the first renewal. Beginning with the licensee's second renewal, the licensee must complete 10 hours of CE in compliance with this Section.
9.2 CE is required of all licensees and shall be completed by June 30 of any year in which a license is to be renewed. CE earned in excess of the required credits for the 2-year period may not be carried over to the next biennial period. Licensees will only get CE credit for their first attendance at CE courses during each licensing period. Licensees may retake a CE course in the same licensing period but will not receive additional CE credit.
9.3 Courses must be designed to maintain and enhance the knowledge and skills of licensees related to elevator work as defined by these rules and regulations.
9.4 Sponsors or licensees can obtain Board approval of courses at any time by completing a form approved by the Board and including a course outline with the number of classroom hours showing the breakdown of time allotted for each part of course content, the curriculum vitae or resume of the instructor and the appropriate fee set by the Division. The completed application will be presented for review at the next regularly scheduled Board meeting.
9.4.1 Sponsors or licensees seeking pre-approval should submit the request as provided in subsection 9.4 at least 60 days before the CE course is being offered.
9.4.2 Approval of CE automatically expires 2 years from the date of Board approval.
9.5 CE courses certified by the following organizations will be automatically accepted by the Board:
9.5.1 National Elevator Industry Education Program or NEIEP;
9.5.2 Certified Elevator Technician Certification or CET as offered by the National Association of Elevator Contractors;
9.5.3 National Association of Elevator Contractors or NAEC;
9.5.4 National Association of Elevator Safety Authorities or NAESA; and
9.5.5 Qualified Elevator Inspector Training Fund or QEITF.
9.6 Post-Renewal Audit. Verification of CE hours shall be by attestation. Attestation shall be completed electronically. The Board will conduct random audits of renewal applications to ensure the veracity of attestations and compliance with the CE requirements. Licensees selected for the random audit shall submit CE course attendance verification in the form of a certificate signed by the course presenter or by a designated official of the sponsoring organization. Licensees shall retain their CE course attendance documentation for each licensure period. Licensees shall retain their CE course attendance documentation for at least 3 years after renewal. Licensees found to be deficient or found to have falsely attested may be subject to disciplinary action and sanctions. Licensees renewing during the late renewal period shall be audited.
9.7 An applicant for license renewal may be granted an extension of time in which to complete CE hours or a total or partial waiver of CE requirements upon a showing of hardship. Hardship may include disability, illness, extended absence from the country and exceptional family responsibilities. No extension of time or waiver shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-10.0 Grandfathering
Any person holding a master electrician special elevator license, issued by the Delaware Board of Electrical Examiners, on or before June 30, 2024, will be issued an elevator mechanic license. An applicant who does not qualify for grandfathering must apply as a new applicant.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-11.0 Reciprocity
11.1 An applicant for licensure by reciprocity shall submit an electronic application or through the Division of Professional Regulation, pay the required fee, and request that verifications of licensure or letters of good standing to be sent to the Board from the licensing agencies of all jurisdictions where the applicant is or has been licensed.
11.2 If the reciprocal state's requirements are not substantially similar to those of this State, as determined by the Board, the applicant shall submit proof of practice for at least 5 years after licensure. Proof of practice requires an employer's notarized affidavit describing the nature of the applicant's experience. If an applicant cannot obtain a notarized affidavit from the employer, the applicant must submit a letter explaining why the experience affidavit cannot be obtained, and W-2 forms or other tax documents showing 5 years full time employment may be substituted at the discretion of the Board.
11.3 Determination of Substantial Similarity of Licensing Standards. The applicant must submit to the Board a copy of the reciprocal state's current statute and rules and regulations pertaining to licensure requirements. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the experience and examination requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant's licensing state are substantially similar to those of Delaware.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-12.0 Organization of the Board
12.1 Election of Officers. Annually, the Board shall elect officers to serve for a 1-year term. Special elections to fill vacancies shall be held upon notice and shall be only for the balance of the original term.
12.2 Duties of the Officers
12.2.1 President. The president shall preside at all meetings, designate subordinates when provided by law, sign correspondence on behalf of the Board, and perform other functions inherent in the position.
12.2.2 Vice President. The Vice President assumes the duties and powers of the President when the President is unavailable.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-13.0 Voluntary Treatment Option For Chemically Dependent Or Impaired Professionals
13.1 A voluntary treatment option is available for chemically dependent or impaired professionals as provided in 29 Del.C. §8807(n) who are reported to the Board or Division using the following procedures:
13.1.1 If the report is received by the president of the Board, that president shall immediately notify the Director of Professional regulation or that Director's designate of the report. If the Director of Professional Regulation receives the report, they shall immediately notify the president of the Board, or that president's designate or designates.
13.1.2 The president of the Board or that president's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform the individual in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give the individual the opportunity to enter the Voluntary Treatment Option.
13.1.3 In order for the individual to participate in the Voluntary Treatment Option, the individual shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board president or that president's designate.
13.1.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board president or that president's designate or designates or the Director of the Division of Professional Regulation or that Director's designate may, in consultation with the with the treating professional, deem necessary, only if the action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or that Director's designate and the president of the Board or that president's designate for a treatment plan and progresses satisfactorily in the treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the President of the Board.
13.1.5 Failure to cooperate fully with the Board president or that president's designate or designates or the Director of the Division of Professional Regulation or that Director's designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option and the Board president or that president's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in 29 Del.C. §8807(h).
13.2 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes the following provisions:
13.2.1 Entry of the regulated professional into a treatment program approved by the Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
13.2.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the president of the Board or to that president's designate or designates or to the Director of the Division of Professional Regulation or that Director's designate at intervals as required by the president of the Board or that president's designate or designates or the Director of the Division of Professional Regulation or that Director's designate, and the person making the report will not be liable when the reports are made in good faith and without malice.
13.2.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
13.2.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment programs. In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subsection shall approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
13.2.5 Agreement by the regulated professional that failure to satisfactorily progress in the treatment program shall be reported to the Board's president, or that president's designate or designates or to the Director of the Division of Professional Regulation or that Director's designate by the treating professional who shall be immune from any liability for reporting made in good faith and without malice.
13.3 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider the records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
13.4 The Board's president, that president's designate or designates or the Direction of the Division of Professional Regulation or the Director's designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if the action is deemed necessary to protect the public health, welfare or safety.
13.5 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
13.6 Failure to enter into an agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
13.7 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from the reports, and shall have that person's confidentiality protected if the matter is handled in a non-disciplinary matter.
13.8 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have the professional's confidentiality protected.
History
- 27 DE Reg. 539 (01/01/24)
24 Del. Admin. Code § 6100-14.0 Crimes substantially related to work of an Elevator Mechanic
14.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the work of an elevator mechanic in the State of Delaware without regard to the place of conviction:
14.1.1 Menacing (felony). 11 Del.C. §602
14.1.2 Reckless endangering in the first degree. 11 Del.C. §604
14.1.3 Assault in the second degree.11 Del.C. §612
14.1.4 Assault in the first degree.11 Del.C. §613
14.1.5 Manslaughter. 11 Del.C. §632
14.1.6 Murder by abuse or neglect in the second degree. 11 Del.C. §633
14.1.7 Murder by abuse or neglect in the first degree. 11 Del.C. §634
14.1.8 Murder in the second degree. 11 Del.C. §635
14.1.9 Murder in the first degree. 11 Del.C. §636
14.1.10 Unlawful sexual contact in the second degree. 11 Del.C. §768
14.1.11 Unlawful sexual contact in the first degree. 11 Del.C. §769
14.1.12 Rape in the fourth degree. 11 Del.C. §770
14.1.13 Rape in the third degree. 11 Del.C. §771
14.1.14 Rape in the second degree. 11 Del.C. §772
14.1.15 Rape in the first degree. 11 Del.C. §773
14.1.16 Sex offender unlawful conduct against a child. 11 Del.C. §777A
14.1.17 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. 11 Del.C. §778
14.1.18 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree. 11 Del.C. §778A
14.1.19 Unlawful imprisonment in the first degree. 11 Del.C. §782
14.1.20 Kidnapping in the second degree. 11 Del.C. §783
14.1.21 Kidnapping in the first degree.11 Del.C. §783A
14.1.22 Arson in the second degree.11 Del.C. §802
14.1.23 Arson in the first degree.11 Del.C. §803
14.1.24 Burglary in the second degree.11 Del.C. §825
14.1.25 Burglary in the first degree.11 Del.C. §826
14.1.26 Robbery in the second degree. 11 Del.C. §831
14.1.27 Robbery in the first degree. 11 Del.C. §832
14.1.28 Theft; lost or mislaid property; mistaken delivery (felony). 11 Del.C. §842
14.1.29 Theft; false pretense (felony). 11 Del.C. §843
14.1.30 Extortion. 11 Del.C. §846
14.1.31 Theft of rented property (felony). 11 Del.C. §849
14.1.32 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices (felony). 11 Del.C. §850
14.1.33 Receiving stolen property. 11 Del.C. §851
14.1.34 Identity theft. 11 Del.C. §854
14.1.35 Forgery. 11 Del.C. §861
14.1.36 Issuing a false certificate. 11 Del.C. §878
14.1.37 Unlawful use of payment card. 11 Del.C. §903
14.1.38 Criminal impersonation of a police officer. 11 Del.C. §907B
14.1.39 Insurance fraud. 11 Del.C. §913
14.1.40 Home improvement fraud. 11 Del.C. §916
14.1.41 New home construction fraud. 11 Del.C. §917
14.1.42 Dealing in children. 11 Del.C. §1100A
14.1.43 Endangering the welfare of a child. 11 Del.C. §1102
14.1.44 Crime against a vulnerable adult. 11 Del.C. §1105
14.1.45 Sexual exploitation of a child. 11 Del.C. §1108
14.1.46 Dealing in child pornography. 11 Del.C. §1109
14.1.47 Possession of child pornography. 11 Del.C. §1111
14.1.48 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
14.1.49 Sexual solicitation of a child. 11 Del.C. §1112A
14.1.50 Perjury in the second degree. 11 Del.C. §1222
14.1.51 Perjury in the first degree. 11 Del.C. §1223
14.1.52 Hate crimes. 11 Del.C. §1304
14.1.53 Stalking. 11 Del.C. §1312
14.1.54 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338
14.1.55 Adulteration. 11 Del.C. §1339
14.1.56 Possession of a firearm during a felony. 11 Del.C. §1447
14.1.57 Theft of a firearm.11 Del.C. §1451
14.1.58 Breaking and entering, etc. to place or remove equipment. 11 Del.C. §2410
14.2 Crimes substantially related to the work of an elevator mechanic shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
History
- 27 DE Reg. 539 (01/01/24)
8800 Boxing, Sparring Matches and Exhibitions
24 Del. Admin. Code § 8800 Boxing, Sparring Matches and Exhibitions
Division of Professional Regulation
8800 Combative Sports Entertainment Rules and Regulations
Part A Professional Boxing Rules and Regulations
1.0 Professional Boxing
1.1 All boxers, managers, seconds, officials and promoters shall follow the rules and regulations for the jurisdiction of the approved designated agent.
1.2 All boxers, managers, seconds, officials and promoters shall make application for licensure and permits to the approved designated agent.
1.3 Based on the requirements set forth in Title 28 §105 (a) (7), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event.
Part B Amateur Boxing Rules and Regulations
1.0 Amateur Boxing
1.1 All amateur bouts must have the sanction of an amateur boxing association recognized by the Director before a permit will be granted by the Division.
1.1 The application for permit must be submitted to the Division at least fifteen full working days prior to the scheduled event.
1.3 All amateur boxing events will be conducted in accordance with USA Boxing Rules or other approved sanctioning body's rules.
1.4 All boxers, coaches, assistant coaches, officials, physicians, administrators and clerks/inspectors shall be registered members of the approved sanctioning organization.
1.5 A physician licensed to practice in Delaware must examine a contestant before they enter the ring and the physician must also be at the ringside during the progress of the contest.
1.6 All protective gear shall comply with USA Boxing Rules or other approved sanctioning body's rules.
1.7 A representative from the Division may be in attendance at amateur events to observe the sanctioning body's compliance to the USA Boxing Rules or other approved sanctioning body's rules.
1.8 The representative from the Division shall have the authority to halt any part of the event at any time in the interest of public safety.
1.9 Nothing in these rules shall be applicable to any bouts or events conducted as an extracurricular activity by any educational institution or public safety training program in the State.
1.10 Based on the requirements set forth in Title 18 §105 (b) (5), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event.
Part C Professional Mixed Martial Arts
1.0 Weight Classes
1.1 Men's Division
1.1.1 Flyweight up to 125 lbs.
1.1.2 Bantamweight over 125 - 135 lbs.
1.1.3 Featherweight over 135 - 145 lbs.
1.1.4 Lightweight over 145 - 155 lbs.
1.1.5 Welterweight over 155 - 170 lbs.
1.1.6 Middleweight over 170 -185 lbs.
1.1.7 Light Heavyweight over 185 - 205 lbs.
1.1.8 Heavyweight over 205 -265 lbs. and
1.1.9 Super Heavyweight over 265 lbs.
1.2 Women's Division
1.2.1 Flyweight up to 105 lbs.
1.2.2 Bantamweight over 105-110 lbs.
1.2.3 Featherweight over 110-120 lbs.
1.2.4 Lightweight over 120-130 lbs.
1.2.5 Welterweight over 130-140 lbs.
1.2.6 Middleweight over 140-150 lbs.
1.2.7 Light Heavyweight over 150-160 lbs.
1.2.8 Cruiserweight over 160-170 lbs.
1.2.9 Heavyweight over 170 lbs.
1.3 Should a fighter be a no-show, that bout shall be canceled.
1.4 Should a fighter be over their weight class, they shall be given one (1) hour to comply with their weight class but shall not be permitted to lose more than two (2) pounds in that time and shall be permitted to weigh-in a second time. There shall be a one (1) pound allowance in non-championship fights.
1.5 In some instances, fighters that are cleared for the same event may be approved to fight another fighter on the card pending approval of the Division or the Division's Designated Agent (hereafter referred to as the Division).
1.6 There shall be no allowances made for fighters being under their weight class. They will not be permitted to gain weight nor weigh-in a second time.
1.7 Fighters may fight up or down one Weight Division; however, weight differences between opposing fighters cannot exceed seven pounds, except for the following:
1.7.1 Weight differences between men fighters weighing over 185 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds.
1.7.2 Weight differences between women fighters weighing over 170 pounds, fighting up or down one Weight Division, shall not be more than 10 pounds.
1.8 Contestants shall be weighed in on scales approved by the Division at such a time and place as may be formally designated by the Division in advance of all scheduled bouts. Contestants must weigh in a maximum of 24 hours before the event. All contestants must attend the designated weigh-in proceedings unless otherwise excused by the Division. By special permission of the Division, contestants may be allowed to weigh-in no later than one hour but not greater than 24 hours before the scheduled time of the first match on the card. Contestants must weigh in on the same day as their opponent during the designated weigh-in period.
1.9 Attire for weigh-ins.
1.9.1 Male fighters shall wear no more than undergarments and light weight shorts only.
1.9.2 Female fighters shall wear no more than undergarments and light weight shorts and shirt only.
15 DE Reg. 1366 (03/01/12)
2.0 Fighting Area
2.1 All mixed martial arts events must be held in a ring or cage.
2.2 A cage used in an event of mixed martial arts must meet the following requirements:
2.2.1 The cage shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet. The fighting surface shall be covered with a minimum one inch layer of foam padding. Vinyl or other plastic rubberized covering shall be permitted.
2.2.2 The fighting surface shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting surface and shall be properly padded.
2.2.3 The fighting surface area shall be enclosed by a fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl coated chain link fencing. All metal parts shall be covered and padded and shall not be abrasive to the contestants.
2.2.4 The fence shall provide two separate entries onto the fighting surface.
2.3 A ring used in an event of mixed martial arts must meet the following requirements:
2.3.1 The ring must be no smaller than 18 feet square and no larger than 32 feet square within the ropes.
2.3.2 The ring floor must extend at least 18 inches beyond the ropes and must have at least a 1-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform. Material that gathers in lumps or ridges may not be used.
2.3.3 The ring platform must not be more than 4 feet above the floor of the building and must have suitable steps for the use of contestants.
2.3.4 Rings posts must be four in number and made of metal, extending from the floor of the building to a minimum height of 58 inches above the ring floor, and must be properly padded. Ring posts must be at least 18 inches away from the ring ropes.
2.3.5 There must be 5 ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest ring rope must be 12 inches above the ring floor.
2.3.6 There may not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor.
3.0 Equipment and Clothing
3.1 The promoter shall provide a ring stool for each contestant. An appropriate number of stools or chairs shall be available for each contestant's seconds. They shall be located near each contestant's corner.
3.2 For each bout, the promoter is to provide a clean water bucket and bottled water for each contestant and ice for each contestant’s seconds.
3.3 Contestants shall wear mma shorts, biking shorts, boxing shorts, Muay Thai shorts or kick-boxing shorts.
3.4 Gi's or shirts are prohibited during competition.
3.5 Females shall wear rash guards.
3.6 Shoes are not permitted.
3.7 No clothing that is made of hard plastic or metallic surface or is deemed hazardous material is permitted.
3.8 No jewelry or piercing accessories is permitted during competition.
15 DE Reg. 1366 (03/01/12)
4.0 Bandage Wraps
4.1 Bandages shall be restricted to soft gauze cloth not more than 15 yards in length and two inches in width, held in place by not more than 10 feet of surgeon's tape, one inch in width for each hand.
4.2 Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cover the hand but not extend within ¾ inch of the knuckles when the hand is clenched to make a fist.
4.3 The bandages and tape shall be placed on the contestant's hands in the designated area in the presence of the inspector. It shall be signed off by the inspector with his/her initials and the date.
4.4 Gloves are to be removed cage side after the fight in the presence of an inspector.
15 DE Reg. 1366 (03/01/12)
5.0 Mouth Pieces
5.1 All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician.
5.2 The round cannot begin without the mouthpiece in place.
5.3 If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action.
6.0 Protective Equipment
6.1 Male mixed martial artists shall wear a four proof groin protector of their own selection.
6.2 Female mixed martial artists shall wear a four proof chest protector during competition.
15 DE Reg. 1366 (03/01/12)
7.0 Gloves
7.1 The gloves shall be new for all bouts.
7.2 All contestants shall wear open finger minimum 4 ounce gloves and shall be supplied by the promoter. No contestant shall supply their own gloves. All gloves are subject to approval by the Division.
8.0 Appearance/hygiene
8.1 Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face.
8.2 There shall be no oil or grease on any part of the body. A light coating of petroleum jelly may be applied to the contestants face in the presence of an inspector.
8.3 Fingernails and toenails must be cut and trimmed.
8.4 The use of BenGay, IcyHot, and other such sports crèmes is prohibited.
9.0 Round Length
9.1 For non-championship bouts, the rounds will consist of three 5-minute rounds with one minute of rest in between rounds.
9.2 For championship bouts, the rounds may consist of five 5-minute rounds with one minute of rest in between rounds.
10.0 Stopping a Contest
The referee is the sole arbiter of a bout and is the only individual authorized to enter the fighting area at any time during competition to stop a contest except that referee shall stop a bout at the direction of the ringside physician or the Division. The contestant's chief second may signify to referee in an approved manner by the Division to stop the bout.
11.0 Judging and Scoring
11.1 All bouts will be evaluated and scored by three judges.
11.2 The 10-Point Must System will be the standard system of scoring. Under the 10 Point Must Scoring System, 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser, except for a rare even round, which is scored 10-10.
11.3 Judges shall evaluate MMA techniques, such as effective striking, effective grappling, control of the fighting area, effective aggressiveness and defense.
11.4 Evaluations shall be made in the order in which the techniques appear in 11.3 above, giving the most weight in scoring to effective striking, effective grappling, control of the fighting area and effective aggressiveness and defense.
11.5 Effective striking is judged by determining the total number of legal heavy strikes landed by a contestant.
11.6 Effective grappling is judged by considering the amount of successful executions of legal takedowns and reversals. Examples of factors to consider are take downs from standing position to mount position, passing the guard to mount position, and bottom position fighter using an active, threatening guard.
11.7 Control of fighting is judged by determining who is dictating the pace, location and position of the bout. Examples of factors to consider are countering a grappler's attempt at takedown by remaining standing and legally striking; taking down an opponent to force a ground fight; creating threatening submission attempts, passing the guard to achieve mount, and creating striking opportunities.
11.8 Effective aggressiveness means moving forward and landing a legal strike.
11.9 Effective defense means avoiding being struck, taken down or reversed while countering with offensive attacks.
11.10 The following objective scoring criteria shall be utilized by the judges when scoring a round;
11.11 A round is to be scored as a 10-10 Round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round;
11.11.1 A round is to be scored as a 10-9 Round when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers;
11.11.2 A round is to be scored as a 10-8 Round when a contestant overwhelmingly dominates by striking or grappling in a round.
11.11.3 A round is to be scored as a 10-7 Round when a contestant totally dominates by striking or grappling in a round.
11.12 Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows:
11.12.1 If the mixed martial artists spent a majority of a round on the canvas, then:
11.12.1.1 Effective grappling is weighed first; and
11.12.1.2 Effective striking is then weighed.
11.12.2 If the mixed martial artist spent a majority of a round standing, then:
11.12.2.1 Effective striking is weighed first; and
11.12.2.2 Effective grappling is then weighed.
11.12.3 If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally.
12.0 Warnings
12.1 The referee may issue a warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty may be issued at the sole discretion of the referee. The penalty may result in a deduction of points or disqualification.
12.1.1 Holding or grabbing the fence or any part of the cage or ring;
12.1.2 Holding opponent's shorts or gloves; or one’s own gloves or shorts.
12.1.3 The presence of more than two seconds on the fighting area perimeter.
15 DE Reg. 1366 (03/01/12)
13.0 Fouls and Violations:
13.1 If a fighter flagrantly breaks any rule, the official ring referee shall immediately disqualify him; however, if the foul is not severe or intentional, the referee may issue a warning or point deductions(s) from the offending fighter. The following are fouls and may result in penalties if committed:
13.1.1 Downward pointing elbow strikes;
13.1.2 Butting with the head;
13.1.3 Eye gouging of any kind;
13.1.4 Biting or spitting at an opponent;
13.1.5 Hair pulling;
13.1.6 Fish hooking;
13.1.7 Groin attacks of any kind;
13.1.8 Intentionally placing a finger in any opponent's orifice, cut or laceration;
13.1.9 Small joint manipulation;
13.1.10 Strikes to the spine or back of neck or back of the head or (defined as anywhere on the head behind the ears and behind the line that would extend from the back of one ear to the back of the other ear and across the top of the head);
13.1.11 Heel kicks to the kidney;
13.1.12 Attacking an opponent on or during the break;
13.1.13 Kicks to the head of a grounded fighter;
13.1.14 Kneeing the head of a grounded fighter;
13.1.15 Stomping of a grounded fighter;
13.1.16 Throat strikes of any kind;
13.1.17 Clawing, pinching, twisting the flesh or grabbing the clavicle;
13.1.18 The use of grossly offensive profanity or racist remarks in fighting area or in the fighters entrance or exit music;
13.1.19 Any unsportsmanlike conduct of any kind;
13.1.20 Attacking an opponent who is under the referee's care at the time;
13.1.21 Timidity (avoiding contact, or consistent dropping of mouthpiece, or faking an injury);
13.1.22 Interference from a mixed martial artists seconds;
13.1.23 Throwing an opponent out of the fighting area;
13.1.24 Flagrant disregard of the referee's instructions;
13.1.25 Spiking/slamming an opponent to the fighting surface on his or her head or neck;
13.1.26 Holding or grabbing the fence or any part of the ring or cage;
13.1.27 Any strikes to any joint.
13.2 Disqualification occurs after any combination of three of the fouls listed in 13.1 above. Disqualification will occur after a referee determines that a foul was intentional and flagrant.
13.3 Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations.
13.4 A fouled fighter has up to five minutes to recuperate.
13.5 If a foul is committed, the referee shall:
13.5.1 Call time;
13.5.2 Send the opponent to a neutral corner;
13.5.3 Check the fouled mixed martial artist's condition and safety; and
13.5.4 Assess the foul to the offending contestant, deduct points, and notify each corner's seconds, judges and the official scorekeeper.
13.6 If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue, so as not to jeopardize the top contestant's superior positioning at the time.
13.6.1 The referee shall verbally notify the bottom contestant of the foul.
13.6.2 When the round is over, the referee shall assess the foul and notify both corners' seconds, the judges and the official scorekeeper.
13.6.3 The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification.
13.7 Any point or points to be deducted for any foul must be deducted in the round in which the foul occurred.
13.8 Fighters cannot win by intentionally or accidentally fouling another fighter.
15 DE Reg. 1366 (03/01/12)
14.0 Legal Strikes
14.1 While Standing
14.1.1 Closed hand strikes and elbows to the body, head and legs.
14.1.2 Kicking techniques to body, legs and head.
14.1.3 Knees to the body, legs and head.
14.1.4 Takedowns, Throws and Sweeps.
14.1.5 Chokes, Armlocks and Shouldering.
14.1.6 Standing Submissions.
14.2 While on the Ground
14.2.1 Closed hand strikes and elbows to body, legs and head.
14.2.2 Submissions.
15 DE Reg. 1366 (03/01/12)
15.0 Injuries
15.1 If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout.
15.2 If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury loses by disqualification.
15.3 If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two points from the contestant who committed the foul.
15.4 If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw.
15.5 If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow.
15.6 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no decision if stopped before two rounds have been completed in a three round bout or if stopped before three rounds have been completed in a five round bout.
15.7 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three round bout, or three rounds of a five round bout have been completed.
15.8 All partial rounds will be scored after the second round has been completed in a non-championship bout or the third round of a championship bout.
16.0 Types Of Bout Results:
16.1 Submission by:
16.1.1 Tap Out: When a contestant physically uses his hand to indicate that he or she no longer wishes to continue; or
16.1.2 Verbal tap out: When a contestant verbally announces to the referee that he or she does not wish to continue;
16.2 Technical knockout by:
16.2.1 Referee or a representative of Division of Professional Regulation stops bout;
16.2.2 Ringside physician directs the referee to stop the bout;
16.2.3 When an injury as a result of a legal maneuver is severe enough to terminate a bout;
16.2.4 If second concedes on behalf of the fighter.
16.3 Knockout by failure to rise from the fighting surface;
16.4 Decision via score cards:
16.4.1 Unanimous: When all three judges score the bout for the same contestant;
16.4.2 Split Decision: When two judges score the bout for one contestant and one judge scores for the opponent; or
16.4.3 Majority Decision: When two judges score the bout for the same contestant and one judge scores a draw;
16.5 Draws:
16.5.1 Unanimous - When all three judges score the bout a draw
16.5.2 Majority - When two judges score the bout a draw; or
16.5.3 Split - When all three judges score differently and the score total results in a draw;
16.6 Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest;
16.7 Forfeit: When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out;
16.8 Technical Draw: When an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage;
16.9 Technical Decision: When the bout is prematurely stopped due to injury and a contestant is leading on the score cards; and
16.10 No Decision: When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the score cards.
17.0 Matchmaking:
17.1 The matchmaking of the contestants is subject to the approval of the Division.
17.2 Matchmaker must present suitable evidence reflecting experience as a matchmaker. The final decision on suitability shall be made by the Division.
15 DE Reg. 1366 (03/01/12)
18.0 Physical Exams and Other Testing:
18.1 Contestants must complete and submit the results of the following tests in writing to the Division:
18.1.1 A physical completed within three (3) months of the event.
18.1.2 HIV 1/2 qualitative test, complete Hepatitis B Surface AG testing & Hepatitis C AB (must be tested within six months of event.) and lab results must be faxed from the lab to the Division.
18.1.3 Complete Blood Count (CBC) and Bleed & Coagulation (PT/PTT Pro Time) within four (4) years of the event.
18.1.4 Original EKG report, read by a physician (Dated within two (2) years of the event.) Fighters over the age of 35 years old, shall have their report dated within one (1) year of the event.
18.1.5 Original MRI Brain Scan report (without contrast), read by a physician (dated within three years of event.)
18.1.6 Original EYE examination by an ophthalmologist-ophthalmological dilation (dated within one (1) year of the event.)
18.1.7 All female contestants must complete a pregnancy test the day of the event and the results must be negative. The pregnancy test kit shall be provided by the promoter.
18.1.8 A chemistry 14 test shall be completed within four (4) years of the event.
18.1.9 A urinalysis test shall be completed within four (4) years of the event.
18.1.10 The ringside physician may place a contestant on a medical suspension for any injuries. The contestant is required to furnish a letter of clearance from the treating physician.
18.1.11 Any fighter 40 years or older may be required by the Division to present more current test results or additional test results.
18.1.12 Based on the requirements set forth in Title 28 §105(a)(7), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event.
18.1.13 Mandatory drug testing on the day of the event.
18.2 A fighter must receive clearance from his personal physician and the ringside physician in order to fight after the physicians have reviewed the required tests.
15 DE Reg. 1366 (03/01/12)
19.0 Requirements of the Division:
19.1 Promoter must present suitable evidence reflecting experience as a promoter. The final decision on suitability shall be made by the Division.
19.2 Matchmaker must present suitable evidence reflecting experience as a matchmaker. The final decision on suitability shall be made by the Division.
19.3 Require promoter to provide proof of sufficient liability insurance for the officials.
19.4 Require promoter to provide proof of sufficient medical insurance including Accidental Death and Dismemberment insurance for contestants including the deductibe amount as per application requirements.
19.5 Require promoter to provide an ambulance with with at least 2 EMTs and 2 paramedics, to be present and on site at all times and have a Delaware licensed physician onsite and at ringside. The paramedics will maintain a supply of life saving medicines and equipment to be available as needed.
19.6 Verify the matchmaking done by the promoter by confirming the fight records.
19.7 The Division shall not have any direct or indirect interest of any kind in the fighters, the promoter or the event.
19.8 Oversee the weigh-ins, the hand wrapping and glove placement after inspecting the gloves.
19.9 The Division shall provide a fighters' meeting to review the rules and regulations prior to the commencement of the fights.
19.10 Must inspect and approve the fighting area prior to the start of the contests.
19.11 Follow all Delaware laws and rules governing Professional Mixed Martial Arts Events.
19.12 Report results of each bout and suspensions to the Association of Boxing Commissions data base within seven days of the event.
19.13 Agree not to hold the event if the promoter has not obtained adequate security to maintain control over the event and provide safety to the public during and after the event.
19.14 Oversee drug testing to be performed on the day of the event on all contestants for illegal drugs, banned substances and performance enhancers.
19.15 Oversee pregnancy tests by a female official only.
15 DE Reg. 1366 (03/01/12)
20.0 Responsibilities of the Promoter:
20.1 Follow all Delaware rules and laws governing Professional Mixed Martial Arts Events.
20.2 Promoter must present suitable evidence reflecting experience as a promoter. The final decision on suitability shall be made by the Division.
20.3 Obtain verbal approval from the Division before applying in writing to the Division for the permit to hold a Mixed Martial Arts Event.
20.4 Submit an application to the Division at least thirty days in advance of the event for a permit to hold an MMA event along with the required fee.
20.5 Receive permit before holding the MMA event.
20.6 Coordinate matchmaking to be approved by the Division.
20.7 Cooperate fully with the Division:
20.7.1 Fees
20.7.2 Match Making approval of the Division.
20.7.3 Engage services and provide evidence to the Division that an ambulance with at least 2 EMTs and 2 paramedics, will be on-site during competition. The paramedics will maintain a supply of life saving medicines and equipment to be available as needed.
20.7.4 Engage services and provide evidence to the Division that a Delaware licensed physician will be on site during and directly after the competition.
20.7.5 Engage contract and provide to the Division proof that medical insurance and an accidental death insurance policy has been purchased per application requirements, including all deductibles.
20.7.6 Engage contract and provide to the Division proof that liability insurance has been purchased per the amount required by the venue.
20.8 Agree to not officiate at their own events. Cannot have interest of any kind in the Division.
20.9 Cannot be involved or interfere in the oversight of the referee, judging, weighing-in, drug testing, post and pre-fight physicals, and glove inspections.
20.10 Provide the required gloves, gauze and adhesive tape for fighter wraps, duct tape, disposable gloves for corner persons, water for all fighters and officials, access to ice for corner persons, stools for each contestant, and clean water bucket.
20.11 Provide the fight card that indicates the weight of the fighters and the weight division that the fighters will be in as well as the complete fight records for each contestant, including records for other combative sports in which they were a participant.
20.12 Ensure that there will be NO exhibition bouts.
20.13 Provide hand sanitizer to the fighters to be kept at the equipment table.
20.14 Sanitize all equipment before and after each fight.
20.15 Provide adequate security personnel to maintain order and provide safety during and after the event.
20.16 Obtain a Delaware business license.
20.17 Execute and file a surety bond with the State of Delaware for not less than $10,000.
20.18 Pay for drug testing to be performed on day of event on all contestants for illegal drugs, banned substances and performance enhancers. The Division shall oversee the testing.
20.19 Pay for female pregnancy test kit to be performed on the day of the event.
15 DE Reg. 1366 (03/01/12)
21.0 Requirements of Fighter:
21.1 Attend pre-fight meeting. Failure to attend will result in disqualification of the fighter.
21.2 Be 18 years or older to participate.
21.3 Pass drug testing completed the day of the event and the pre-fight physical.
21.4 Agree not to use any illegal drug, narcotic, stimulant, depressant, analgesic of any description, or alcohol substance either before or during a match.
21.5 Obtain National MMA ID number prior to the event.
21.6 Follow all Delaware laws, Rules and Regulations and requirements of the Division.
21.7 Obtain a pre-fight and post-fight physical by the physician assigned to the event.
21.8 If fighter should be a no-show, that bout shall be canceled.
21.9 Fighter shall not fight a minimum of ten days from last fight.
21.10 Complete all forms and requirements of the Division.
15 DE Reg. 1366 (03/01/12)
22.0 Requirements of Seconds/Cornermen:
22.1 Each fighter may have three seconds, but only two seconds at a time are permitted in the fighting area and only when given permission by the referee. The Division may authorize an additional cornerman for championship fights at their discretion.
22.2 Permitted to use such general anti-coagulants such as Thrombin, Adrenaline Hydrochloride 1:1000 and Aventine to cuts that are in their original labeled containers.
22.3 Must dry the corner area before the next round continues.
22.4 Follow all Delaware laws, Rules and Regulations and requirements of the Division.
22.5 Attend pre-fight meeting. Failure to attend can result in disqualification of the non-compliant second.
15 DE Reg. 1366 (03/01/12)
Part D Amateur Mixed Martial Arts
1.0 Weight Classes:
1.1 Men's Division
1.1.1 Flyweight up to 125 lbs.
1.1.2 Bantamweight over 125-135 lbs.
1.1.3 Featherweight over 135-145 lbs.
1.1.4 Lightweight over 145-155 lbs.
1.1.5 Welterweight over 155-170 lbs.
1.1.6 Middleweight over 170-185 lbs.
1.1.7 Light Heavyweight over 185-205 lbs.
1.1.8 Heavyweight over 205-265 lbs.
1.1.9 Super Heavyweight over 265 lbs.
1.2 Women's Division
1.2.1 Flyweight up to 105 lbs.
1.2.2 Bantamweight over 105-110 lbs.
1.2.3 Featherweight over 110-120 lbs.
1.2.4 Lightweight over 120-130 lbs.
1.2.5 Welterweight over 130-140 lbs.
1.2.6 Middleweight over 140-150 lbs.
1.2.7 Light Heavyweight over 150-160 lbs.
1.2.8 Cruiserweight over 160-170 lbs.
1.2.9 Heavyweight over 170 lbs.
1.3 Contestants shall be weighed in on scales approved by the sanctioning body at such a time and place as may be formally designated by the sanctioning body in advance of all scheduled bouts. Contestants must weigh in a maximum of 24 hours before the event. All contestants must attend the designated weigh-in proceedings unless otherwise excused by the sanctioning body. By special permission of the sanctioning body, contestants may be allowed to weigh-in no later than one hour but not greater than 24 hours before the scheduled time of the first match on the card. Contestants must weigh in on the same day as their opponent during the designated weigh-in period.
1.4 Attire for weigh-ins.
1.4.1 Male fighters shall wear no more than undergarments and light weight shorts only.
1.4.2 Female fighters shall wear no more than undergarments and light weight shorts and shirt only.
1.5 Should a fighter be a no-show, that bout shall be canceled.
1.6 In some instances, fighters that are cleared for the same event may be approved to fight another fighter on the card pending approval of the sanctioning body.
1.7 Should a fighter be over their weight class, they shall be given one (1) hour to comply with their weight class but shall not be permitted to lose more than two (2) pounds in that time and shall be permitted to weigh-in a second time. There shall be a one (1) pound allowance in non-championship fights.
1.8 There shall be no allowances made for fighters being under their weight class. They will not be permitted to gain weight nor weigh-in a second time.
1.9 Fighters may fight up or down one Weight Division; however, weight differences between opposing fighters cannot exceed seven pounds, except for the following:
1.9.1 Weight differences between men fighters weighing over 210 pounds, fighting up or down one Weight Division, shall not be more than 15 pounds.
1.9.2 Weight differences between women fighters weighing over 170 pounds, fighting up or down one Weight Division, shall not be more than 10 pounds.
15 DE Reg. 1366 (03/01/12)
2.0 Fighting Area:
2.1 All mixed martial arts events must be held in a ring or cage.
2.2 A cage used in an event of mixed martial arts must meet the following requirements:
2.2.1 The cage shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet. The fighting surface shall be covered with a minimum one inch layer of foam padding. Vinyl or other plastic rubberized covering shall be permitted.
2.2.2 The fighting surface shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting surface and shall be properly padded.
2.2.3 The fighting surface area shall be enclosed by a fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl coated chain link fencing. All metal parts shall be covered and padded and shall not be abrasive to the contestants.
2.2.4 The fence shall provide two separate entries onto the fighting surface.
2.3 A ring used in an event of mixed martial arts must meet the following requirements:
2.3.1 The ring must be no smaller than 18 feet square and no larger than 32 feet square within the ropes.
2.3.2 The ring floor must extend at least 18 inches beyond the ropes and must have at least a 1-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform. Material that gathers in lumps or ridges may not be used.
2.3.3 The ring platform must not be more than 4 feet above the floor of the building and must have suitable steps for the use of contestants.
2.3.4 Rings posts must be four in number and made of metal, extending from the floor of the building to a minimum height of 58 inches above the ring floor, and must be properly padded. Ring posts must be at least 18 inches away from the ring ropes.
2.3.5 There must be 5 ring ropes, not less than 1 inch in diameter and wrapped in soft material. The lowest ring rope must be 12 inches above the ring floor.
2.3.6 There may not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor.
3.0 Equipment and Clothing:
3.1 The Promoter shall provide a ring stool for each contestant and an appropriate number of stools or chairs shall be available for each contestant's seconds. They shall be located near each contestant's corner.
3.2 For each bout, the promoter is to provide a clean water bucket and bottled water for each contestant and access to ice for each contestant’s seconds.
3.3 Contestants shall wear mma shorts, biking shorts, boxing shorts, Muay Thai shorts or kick-boxing shorts.
3.4 Gi's or shirts are prohibited during competition.
3.5 Females shall wear rash guards.
3.6 Shoes are not permitted.
3.7 No clothing that is made of hard plastic, metal or hazardous material is permitted.
3.8 No jewelry or piercing accessories is permitted during competition.
15 DE Reg. 1366 (03/01/12)
4.0 Bandage Wraps:
4.1 Bandages shall be restricted to soft gauze cloth not more than 10 yards in length and two inches in width, held in place by not more than 10 feet of surgeon's tape, one inch in width for each hand.
4.2 Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cover the hand but not extend within ¾ inch of the knuckles when the hand is clenched to make a fist.
4.3 The bandages and tape shall be placed on the contestant's hands in the designated area and inspected by an inspector. It shall be signed off by the inspector with his/her initials and the date.
4.4 Gloves are to be removed cage side after fight in the presence of an inspector.
15 DE Reg. 1366 (03/01/12)
5.0 Mouth Pieces:
5.1 All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician.
5.2 The round cannot begin without the mouthpiece in place.
5.3 If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action.
6.0 Protective Equipment:
6.1 Male mixed martial artists shall wear a foul proof groin protector of their own selection.
6.2 Shin/instep protectors, provided by the promoter are required and should be new or like new and should be the same type for opponent.
6.3 Female mixed martial artists shall wear a foul proof chest protector during competition.
15 DE Reg. 1366 (03/01/12)
7.0 Gloves:
7.1 The gloves shall be sanitized and in good condition for all bouts except championship bouts. New or like new gloves shall be provided for all championship bouts.
7.2 All contestants shall wear open finger minimum 7 ounce gloves and shall be supplied by the promoter. No contestant shall supply their own gloves. All gloves are subject to the approval of the sanctioning body.
15 DE Reg. 1366 (03/01/12)
8.0 Appearance/hygiene:
8.1 Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face.
8.2 There shall be no oil or grease on any part of the body. A light coating of petroleum jelly may be applied to the contestants face in the presence of an inspector.
8.3 Fingernails and toenails must be cut and trimmed.
8.4 The use of BenGay, IcyHot, and other such sports crèmes is prohibited.
9.0 Round Length:
9.1 For non-championship bouts, the rounds will consist of three 3-minute rounds with one minute of rest in between rounds.
9.2 For championship bouts, the rounds may consist of five 3-minute rounds with one minute of rest in between rounds.
10.0 Stopping A Contest:
The referee is the sole arbiter of a bout and is the only individual authorized to enter the fighting area at any time during competition to stop a contest except that referee shall stop a bout at the direction of the ringside physician or the Division. The contestant's chief second may signify to referee in an approved manner by the sanctioning body to stop the bout.
11.0 Judging And Scoring:
11.1 All bouts will be evaluated and scored by three judges.
11.2 The 10-Point Must System will be the standard system of scoring. Under the 10-Point Must Scoring System, 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser, except for a rare even round, which is scored 10-10.
11.3 Judges shall evaluate MMA techniques, such as effective striking, effective grappling, control of the fighting area, effective aggressiveness and defense.
11.4 Evaluations shall be made in the order in which the techniques appear in 11.3 above, giving the most weight in scoring to effective striking, effective grappling, control of the fighting area and effective aggressiveness and defense.
11.5 Effective striking is judged by determining the total number of legal heavy strikes landed by a contestant.
11.6 Effective grappling is judged by considering the amount of successful executions of legal takedowns and reversals. Examples of factors to consider are take downs from standing position to mount position, passing the guard to mount position, and bottom position fighter using an active, threatening guard.
11.7 Control of fighting is judged by determining who is dictating the pace, location and position of the bout. Examples of factors to consider are countering a grappler's attempt at takedown by remaining standing and legally striking; taking down an opponent to force a ground fight; creating threatening submission attempts, passing the guard to achieve mount, and creating striking opportunities.
11.8 Effective aggressiveness means moving forward and landing a legal strike.
11.9 Effective defense means avoiding being struck, taken down or reversed while countering with offensive attacks.
11.10 The following objective scoring criteria shall be utilized by the judges when scoring a round;
11.10.1 A round is to be scored as a 10-10 Round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round;
11.10.2 A round is to be scored as a 10-9 Round when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers;
11.10.3 A round is to be scored as a 10-8 Round when a contestant overwhelmingly dominates by striking or grappling in a round.
11.10.4 A round is to be scored as a 10-7 Round when a contestant totally dominates by striking or grappling in a round.
11.11 Judges shall use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows:
11.11.1 If the mixed martial artists spent a majority of a round on the canvas, then:
11.11.1.1 Effective grappling is weighed first; and
11.11.1.2 Effective striking is then weighed.
11.11.2 If the mixed martial artist spent a majority of a round standing, then:
11.11.2.1 Effective striking is weighed first; and
11.11.2.2 Effective grappling is then weighed.
11.11.3 If a round ends with a relatively even amount of standing and canvas fighting, striking and grappling are weighed equally.
12.0 Warnings:
12.1 The referee may issue a warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty may be issued at the sole discretion of the referee. The penalty may result in a deduction of points or disqualification.
12.1.1 Holding or grabbing the fence;
12.1.2 Holding or grabbing any part of the cage or ring;
12.1.3 Holding opponent's shorts or gloves; or holding one’s own shorts or gloves;
12.1.4 The presence of more than two seconds on the fighting area perimeter.
15 DE Reg. 1366 (03/01/12)
13.0 Fouls And Violations:
13.1 If a fighter flagrantly breaks any rule, the official ring referee shall immediately disqualify him; however, if the foul is not severe or intentional, the referee may issue a warning or point deductions(s) from the offending fighter. The following are fouls and may result in penalties if committed:
13.1.1 No elbows of any kind to the head;
13.1.2 No downward pointing elbows;
13.1.3 Butting with the head;
13.1.4 Eye gouging of any kind;
13.1.5 Biting or spitting at an opponent;
13.1.6 Hair pulling;
13.1.7 Fish hooking;
13.1.8 Heel hooks;
13.1.9 Finger locks;
13.1.10 Toe locks;
13.1.11 Spine locks;
13.1.12 Strikes to any joint;
13.1.13 Smothering of grounded opponent (hand over mouth);
13.1.14 Groin attacks of any kind;
13.1.15 Intentionally placing a finger in any opponent's orifice, cut or laceration;
13.1.16 Small joint manipulation;
13.1.17 Strikes to the spine or back of neck or back of the head (defined as anywhere on the head behind the ears and behind the line that would extend from the back of one ear to the back of the other ear and across the top of the head);
13.1.18 Heel kicks to the kidney;
13.1.19 Throat strikes of any kind;
13.1.20 One or two-handed chokes applied directly to the throat/windpipe;
13.1.21 Clawing, pinching, twisting the flesh or grabbing the clavicle;
13.1.22 Kicking the head of a grounded fighter;
13.1.23 Knees to head of standing opponent;
13.1.24 Kneeing the head of a grounded fighter;
13.1.25 Stomping of a grounded fighter;
13.1.26 The use of grossly offensive profanity or racist remarks in fighting area or in fighters entry or exit music;
13.1.27 Any unsportsmanlike conduct;
13.1.28 Attacking an opponent on or during the break;
13.1.29 Attacking an opponent who is under the referee's care at the time;
13.1.30 Timidity (avoiding contact, or consistent dropping of mouthpiece, or faking an injury);
13.1.31 Interference from a mixed martial artists seconds;
13.1.32 Throwing an opponent out of the fighting area;
13.1.33 Flagrant disregard of the referee's instructions;
13.1.34 Spiking/slamming an opponent to the fighting surface on his or her head or neck;
13.1.35 Neck cranks;
13.1.36 Holding or grabbing the fence or any part of the ring or cage.
13.2 Disqualification occurs after any combination of three of the fouls listed in 13.1 above. Disqualification will occur after a referee determines that a foul was intentional and flagrant.
13.3 Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations.
13.4 A fouled fighter has up to five minutes to recuperate.
13.5 If a foul is committed, the referee shall:
13.5.1 Call Time;
13.5.2 Send the opponent to a neutral corner;
13.5.3 Check the fouled mixed martial artist's condition and safety; and
13.5.4 Assess the foul to the offending contestant, deduct points, and notify each corner's seconds, judges and the official scorekeeper.
13.6 If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue, so as not to jeopardize the top contestant's superior positioning at the time.
13.6.1 The referee shall verbally notify the bottom contestant of the foul.
13.6.2 When the round is over, the referee shall assess the foul and notify both corners' seconds, the judges and the official scorekeeper.
13.6.3 The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification.
13.7 Any point or points to be deducted for any foul must be deducted in the round in which the foul occurred.
13.8 Fighters cannot win by intentionally or accidentally fouling another fighter.
15 DE Reg. 1366 (03/01/12)
14.0 Legal Strikes:
14.1 While Standing
14.1.1 Closed hand strikes to the body and head.
14.1.2 Elbows to the body.
14.1.3 Kicking techniques to body, legs and head.
14.1.4 Knees to the body and legs.
14.1.5 Takedowns, Throws and Sweeps.
14.1.6 Chokes, Armlocks and Shouldering.
14.1.7 Standing Submissions.
14.2 While on the Ground
14.2.1 Closed hand strikes to body, head and legs.
14.2.2 Submissions (chokes, armlocks, straight leg locks only).
14.2.3 Hammer locks.
15 DE Reg. 1366 (03/01/12)
15.0 Injuries:
15.1 If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout.
15.2 If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury loses by disqualification.
15.3 If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two points from the contestant who committed the foul.
15.4 If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the score cards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw.
15.5 If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow.
15.6 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no decision if stopped before two rounds have been completed in a three round bout or if stopped before three rounds have been completed in a five round bout.
15.7 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three round bout, or three rounds of a five round bout have been completed.
15.8 There will be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the scorekeeper calculates the final score.
16.0 Types of Bout Results:
16.1 Submission by:
16.1.1 Tap Out: When a contestant physically uses his hand to indicate that he or she no longer wishes to continue; or
16.1.2 Verbal tap out: When a contestant verbally announces to the referee that he or she does not wish to continue;
16.2 Technical knockout by:
16.2.1 Referee or a representative of Division of Professional Regulation stops bout;
16.2.2 Ringside physician directs the referee to stop the bout;
16.2.3 When an injury as a result of a legal maneuver is severe enough to terminate a bout;
16.2.4 If second concedes on behalf of the fighter.
16.3 Knockout by failure to rise from the fighting surface;
16.4 Decision via score cards:
16.4.1 Unanimous: When all three judges score the bout for the same contestant;
16.4.2 Split Decision: When two judges score the bout for one contestant and one judge scores for the opponent; or
16.4.3 Majority Decision: When two judges score the bout for the same contestant and one judge scores a draw;
16.5 Draws:
16.5.1 Unanimous - When all three judges score the bout a draw
16.5.2 Majority - When two judges score the bout a draw; or
16.5.3 Split - When all three judges score differently and the score total results in a draw;
16.6 Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest;
16.7 Forfeit: When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out;
16.8 Technical Draw: When an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage;
16.9 Technical Decision: When the bout is prematurely stopped due to injury and a contestant is leading on the score cards; and
16.10 No Decision: When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the score cards.
17.0 Matchmaking:
17.1 The matchmaking of the contestants is subject to the approval of the approved sanctioning body.
17.2 Matchmaker must present suitable evidence reflecting experience as a matchmaker. The final decision on suitability shall be made by the Sanctioning Body.
15 DE Reg. 1366 (03/01/12)
18.0 Physical Exams and other Testing
18.1 All Contestants must complete a physical within 90 days of the event. They must submit completed physical form to the sanctioning body including negative blood results from a lab that has consulted with a physician for HIV, Hepatitis B and C tests. The results shall be faxed from the lab to the sanctioning body. The lab results must be within 180 days of the enent.
18.2 All contestants are subject to pre-fight and post-fight physicals. Failure to have a Pre-Fight physical will result in disqualification. Failure to have a Post-Fight Medical will result in a minimum 90 day suspension of contestant.
18.3 The ringside physician may place a contestant on medical suspension for any injuries. The contestant is required to furnish a letter of clearance from the treating physician.
18.4 All female contestants must complete a pregnancy test the day of the event at the event and the results must be negative. The promoter shall provide the pregnancy test kit.
18.5 Based on the requirements set forth in Title 28 §105 (b) (5), the following criteria for determining physical and mental fitness shall include but is not limited to: blood pressure, pulse, respiration, heart rhythm, heart murmurs, ears, nose, throat, extremities, medications taken, negative pregnancy test results, and mental assessment, which must meet acceptable standards as determined by the examining physician prior to the event.
18.6 Any fighter 40 years or older may be required by the Division to present more current test results or additional test results.
15 DE Reg. 1366 (03/01/12)
19.0 Requirements Of The Sanctioning Body:
19.1 Require promoter to provide proof of sufficient liability insurance for the officials.
19.2 Require promoter to provide proof of sufficient medical insurance including Accidental Death and Dismemberment insurance for contestants including a cap on the deductible amount as per application requirements.
19.3 Require promoter to provide an ambulance with at least 2 EMTs, and 2 paramedics, to be present and on site at all times and have a Delaware licensed physician onsite and at ringside.The paramedics will maintain a supply of life saving medicines and life saving equipment available as needed.
19.4 Verify the matchmaking done by the matchmaker by confirming the fight records.
19.5 Matchmaker must present suitable evidence reflecting experience as a matchmaker. The final decision on suitability shall be made by the Sanctioning Body.
19.6 Promoter must present suitable evidence reflecting experience as a promoter. The final decision on suitability shall be made by the Sanctioning Body.
19.7 Sanctioning body shall not have any direct or indirect interest of any kind in the fighters, the promoter or the event.
19.8 Oversee the weigh-ins, the hand wrapping and glove placement after inspecting the gloves.
19.9 The Sanctioning body shall provide a fighters' meeting to review the rules and regulations prior to the commencement of the fights.
19.10 Must inspect and approve the fighting area prior to the start of the contests.
19.11 Follow all Delaware laws and rules governing Amateur Mixed Martial Arts Events.
19.12 Report results of each bout and suspensions to the Association of Boxing Commissions data base within seven days of the event.
19.13 Agree not to hold the event if the promoter has not obtained adequate security to maintain control over the event and provide safety to the public during and after the event.
19.14 Oversee random drug testing to be performed on the day of the event on randomly selected contestants, if deemed necessary for illegal drugs, banned substances and performance enhancers.
19.15 Oversee pregnancy tests by a female official.
15 DE Reg. 1366 (03/01/12)
20.0 Responsibilities of the Promoter:
20.1 Follow all Delaware rules and laws governing Amateur Mixed Martial Arts Events.
20.2 Promoter must present suitable evidence reflecting experience as a promoter. The final decision on suitability shall be made by the Sanctioning Body.
20.3 Obtain approval from a sanctioning body approved by the Director before applying to the State of Delaware for the permit to hold a Mixed Martial Arts Event.
20.4 Submit an application to the State of Delaware at least thirty days in advance of the event for a permit to hold an MMA event along with the required fee.
20.5 Receive permit before holding the MMA event.
20.6 Coordinate matchmaking to be approved by the approved sanctioning body.
20.7 Prior to submitting card to the sanctioning body, the promoter must search the official website mixedmartialarts.com or other site designated by the Division for any participants who are under current suspension in any jurisdiction. The Promoter shall review the website again, the day prior to the event.
20.8 Cooperate fully with the approved Sanctioning Body:
20.8.1 Fees
20.8.2 Match Making approval of the sanctioning body.
20.8.3 Engage services and provide evidence to the sanctioning body that an ambulance with at least 2 EMTs, and 2 paramedics, will be on-site during competition. The paramedics will maintain a supply of life saving medicines and live saving equipment to be available as needed.
20.8.4 Engage services and provide evidence to the sanctioning body that a Delaware licensed physician will be on site during and directly after the competition.
20.8.5 Engage contract and provide to the sanctioning body proof that medical insurance and an accidental death insurance policy has been purchased per application requirements, including all deductibles.
20.8.6 Engage contract and provide to the sanctioning body proof that liability insurance has been purchased per the amount required by the venue.
20.9 Agree to not officiate at their own events. Cannot have interest of any kind in the sanctioning organization.
20.10 Cannot be involved or interfere in the oversight of the referee, judging, weighing-in, drug testing, post and pre-fight physicals, and glove inspections.
20.11 Provide the required gloves, shin/instep guards, duct tape, gauze and adhesive tape for fighter wraps, disposable gloves for corner persons, water for all fighters and officials, access to ice for corner person, stools for each contestant, and clean water bucket.
20.12 Provide the fight card that indicates the weight of the fighters and the weight division that the fighters will be in as well as the complete fight records for each contestant, including records for other combative sports in which they were a participant.
20.13 Agree that there will be NO exhibition bouts.
20.14 Provide hand sanitizer to be kept at the equipment table.
20.15 Sanitize all equipment before and after each fight.
20.16 Provide adequate security personnel to maintain order and provide safety during and after the event.
20.17 Obtain a Delaware business license.
20.18 Execute and file a surety bond with the State of Delaware for not less than $5,000.
20.19 Pay for random drug testing to be performed on day of event on randomly selected contestants, if deemed necessary, for illegal drugs, banned substances and performance enhancers. The sanctioning body shall oversee the testing.
20.20 Pay for pregnancy testing to be performed on the day of event. The sanctioning body shall oversee the testing.
15 DE Reg. 1366 (03/01/12)
21.0 Requirements of Fighter
21.1 Attend pre-fight meeting. Failure to attend will result in disqualification of the fighter.
21.2 Be 18 years or older to participate.
21.3 Pass the pre-fight physical.
21.4 Agree not to use any illegal drug, narcotic, stimulant, depressant, analgesic of any description, or alcohol substance either before or during a match. A random drug test may be performed on the day of the event if deemed necessary. Any positive results will disqualify the contestant and may subject contestant to a suspension by the Division or sanctioning body.
21.5 Complete all forms and requirements of the sanctioning body.
21.6 Follow all Delaware laws, Rules and Regulations and requirements of the sanctioning body.
21.7 Contestants must provide a signed statement to the sanctioning body that they have never engaged in a professional style MMA event or any other professional martial arts sports and have never accepted payment for their participation in any combative sports event or fighting art. The contestant's trainer must attest in writing to the contestant's skill.
21.8 Obtain a pre-fight and post-fight physical by the physician assigned to the event.
21.9 If fighter should be a no-show, that bout shall be canceled.
21.10 Fighter shall not fight a minimum of ten days from last fight.
21.11 No fighter shall be permitted to participate in any event if he/she is currently under suspension in any jurisdiction/venue.
15 DE Reg. 1366 (03/01/12)
22.0 Requirements of Seconds/Cornermen
22.1 Each fighter may have three seconds, but only two seconds at a time are permitted in the fighting area and only when given permission by the referee. The Sanctioning Body may authorize an additional cornerman at their discretion for championship fights.
22.2 Permitted to use such general anti-coagulants such as Thrombin, Adrenaline Hydrochloride and Aventine to cuts that are in their original labeled containers.
22.3 Must dry the corner area before the next round continues.
22.4 Follow all Delaware laws, Rules and Regulations and requirements of the sanctioning body.
22.5 Wear protective gloves as provided by the promoter during fighter's match.
22.6 Attend the pre-fight meeting. Failure to attend will result in disqualification of the non-compliant second.
12 DE Reg. 1435 (05/01/09)
15 DE Reg. 1366 (03/01/12)
Part E Combative Sports Entertainment
1.0 Fighting Area
A marked barrier, separating the audience from the fighting area by no less than six feet shall be placed around the outside of the fighting area.
15 DE Reg. 1366 (03/01/12)
2.0 Safety
2.1 Should the referee notice any blood (excluding fake blood) in the fighting area or on the fighter's body, he shall halt the contest until the area is cleaned and sanitized. An exception will be made for those promoters who require blood testing of its fighters.
2.2 If the promoter chooses to allow real blood in the fight area, his fighters will be subject to the following blood test requirements:
2.2.1 HIV exam with negative results is required in order to compete in an event and test must be dated within six months of event.
2.2.2 Complete Hepatitis B Surface AG testing & Hepatitis C AB (must be tested within six months of event.)
2.3 The referee is required to wear protective gloves at all times while in the fighting area.
2.4 The Division may require additional presence of law enforcement and/or medical personnel as deemed necessary to conduct an orderly event.
15 DE Reg. 1366 (03/01/12)
3.0 Stopping a Contest
The referee shall halt any contest where it appears that the contestant is engaging in prohibited activities. The referee shall stop a contest if directed by the Division.
15 DE Reg. 1366 (03/01/12)
4.0 Prohibited Acts
4.1 The following acts are prohibited and will result in the contest being terminated:
4.1.1 Grossly offensive profanity by any contestant, referee or in any music.
4.1.2 Racist remarks by any contestant, referee or in any music.
4.1.3 Sexually explicit remarks by any contestant, referee or in any music.
4.1.4 Offensive or obscene naming of a contestant.
4.1.5 Deliberately lacerating oneself or one's opponent, or by any other means, introducing human or animal blood into the ring with the exception being those promoters that require blood tests. See 2.0 of these Rules and Regulations.
15 DE Reg. 1366 (03/01/12)
5.0 Legal Simulated Strikes
5.1 Elbow strikes.
5.2 Kicks or stomps to the head.
5.3 Striking an opponent with a fist or using the knuckles.
5.4 Neck cranks.
5.5 Strikes to the spine or back of the head or back of neck.
5.6 Scratching or gouging an opponent.
5.7 Butting an opponent.
5.8 Slamming an opponent.
5.9 Stranglehold.
5.10 Inhibiting breathing by covering the nose and mouth at the same time.
5.11 Unsportsmanlike or physically dangerous contact.
5.12 Pile driving.
15 DE Reg. 1366 (03/01/12)
6.0 Responsibility of the Promoter
6.1 Shall be responsible to the Division for the conduct of its representatives and employees including the following:
6.1.1 Prohibit any alcohol or illegal drugs back stage or in locker rooms.
6.1.2 Prohibit any and all discriminatory practices.
6.1.3 Review safety rules immediately prior to the event to include:
6.1.3.1 Ensure that no objects fly out of the fighting area and injure others.
6.1.3.2 Make sure all equipment is in good working order.
6.1.3.3 Ensure that security personnel are standing by the audience when a contestant is in the six foot barrier area.
6.1.4 Ensure that adequate security personnel are in attendance at all times during the event.
6.2 Maintain a first aid kit that contains an adequate amount of up-to-date medicine and supplies which shall be immediately available at all times during the event.
15 DE Reg. 1366 (03/01/12)
7.0 Responsibility of the contestants.
7.1 Agree not to use any illegal drugs, narcotics, stimulants, depressants, analgesics of any description or alcohol substance either before or during the match.
7.2 Abide by all Delaware Laws, Rules and Regulations governing Combative Sports Events.
7.3 Agree not to participate in any Combative Sports Entertainment Event if diagnosed with any contagious blood disorder.
7.4 Agree not to participate in any Combative Sports Entertainment Event if pregnant.
12 DE Reg. 1435 (05/01/09)
15 DE Reg. 1366 (03/01/12)
Uniform Uniform Controlled Substances Act Regulations
24 Del. Admin. Code § Uniform-1.0 Controlled Substance Advisory Committee
1.1 The Controlled Substance Advisory Committee (hereafter designated as "the Committee") has a primary objective to promote, preserve and protect the public health, safety and welfare by regulating and monitoring controlled substance use and abuse through a program of registration, inspection, investigation and education. The Committee regulates by registering prescribers, dispensers, manufactures, distributors, clinics, researchers and other controlled substance registrants (i.e. – dog handler). Among its functions, the Committee issues and renews licenses; and makes recommendations to the Secretary of State of new or amended controlled substance regulations and disciplinary actions of registrants who violate the law. (16 Del.C. §4700 to the end)
1.2 The Committee shall consist of 9 members: one physician, one dentist, one podiatrist, one veterinarian, one nurse practitioner, two pharmacists, one physician assistant and one public member. The Secretary of State will be provided recommendations for appointments to the Committee from the associated licensing Boards. Members shall have engaged in the prescribing, dispensing or storing of controlled substances for at least 5 years except for the public member. All Committee members will be appointed by the Secretary of State or their designee.
1.3 A member of the Committee may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Committee no earlier than 1 year after the expiration of the last term served on the Committee by the former member. A Committee member whose appointment has expired remains eligible to participate in Committee proceedings until replaced.
1.4 The Committee shall hold regularly scheduled meetings at least four times a calendar year and at other times the Committee considers necessary at the request of a majority of the members. A president and vice-president shall be elected by the members annually. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
1.5 The conduct of all hearings and issuance of orders shall be in accordance with the procedures established pursuant to this section, Chapter 101 of Title 29, section 8735 of Title 29, and sections 4731 through 4736 of Title 16.
1.6 The Drug Control Administrator for the Division of Professional Regulation is responsible for the performance of the regular administrative functions of the Committee and other duties as the Committee may direct.
1.7 A majority of the members shall constitute a quorum for the purpose of transacting business and no action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action may be recommended to the Secretary without the affirmative vote of a majority of the members of the Committee.
1.8 Any member who fails to attend 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Secretary of State.
1.9 Minutes of all meetings shall be maintained by the Division of Professional Regulation. A record from which a verbatim transcript can be prepared shall be made of all hearings where evidence is presented. The expense of preparing any transcript shall be borne by the person requesting it.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-2.0 Definitions
“Act” means the Controlled Substance Act, 16 Del.C. Ch. 47.
“Administer” or “administration” means the direct application of a drug to the body of a patient by injection, inhalation, ingestion or any other means. The administration of a drug directly to a patient by a practitioner is administration not an act of dispensing.
“Controlled substance” means any substance or drug defined, enumerated or included in this chapter and Title 21, Code of Federal Regulations.
“Direct supervision” means the supervising practitioner, pharmacist or licensee will be present and immediately available within the dispensing area.
“Dispense” or “dispensing” means the interpretation, evaluation, and implementation of a prescription drug or, including the preparation and delivery of a drug to a patient or patient’s agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.
“Dispenser” means a person authorized by this State to dispense or distribute to the ultimate user any controlled substance.
“Practitioner” means physician, dentist, veterinarian, podiatrist, nurse practitioner, physician assistant or other individual, licensed, registered, or otherwise permitted, by the United States or the State of Delaware to prescribe, dispense or store a controlled substance in the course of professional practice but does not include a pharmacist, a pharmacy, or an institutional practitioner.
“Pharmacist” means any pharmacist licensed by the State of Delaware to dispense controlled substances and shall include any other person (e.g. pharmacist intern) authorized by the State of Delaware to prescribe, dispense or store controlled substances under the supervision of a pharmacist licensed by this State.
"Pharmacist in charge" or "PIC" means a pharmacist registered with the State Board of Pharmacy and who is responsible for the prescription department of the registrant.
“Prescription” means an order for medication which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user. (e.g. an order to dispense a drug to a bed patient for immediate administration in a hospital is not a prescription.)
“Register” and “registered” means registration required by 16 Del.C. §4732.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-3.0 Requirements
3.1 Registration shall be on a biennial basis upon forms supplied by the Division of Professional Regulation or Secretary of State for that purpose. A separate registration is required at each principal place of business or professional practice where controlled substances are manufactured, distributed, dispensed, or kept for research analysis. Out-of-State registrants who dispense or distribute controlled substances to patients or facilities in Delaware are required to obtain a registration.
3.1.1 All practitioners registered under Title 16, Chapter 47 as of July 1, 2013, must attest to completion of a one hour education course on Delaware law, regulation and programs, acceptable to the Secretary, pertaining to the prescribing and distribution of controlled substances on or before June 30, 2015 in order to qualify for continued registration.
3.1.2 All practitioners who obtain new registration under Title 16, Chapter 47 after July 1, 2013 must attest to completion of a one hour education course on Delaware law, regulation and programs, acceptable to the Secretary, pertaining to the prescribing and distribution of controlled substances within the first year of obtaining registration in order to qualify for continued registration.
3.1.3 All practitioners must attest to completion of two hours of continuing education biennially in the areas of controlled substance prescribing practices, treatment of chronic pain, or other topics related to the prescribing of controlled substances.
3.1.4 The Secretary shall periodically review the requirements of paragraphs 3.1.1, 3.1.2, and 3.1.3 to determine adequacy.
3.2 Administrative inspections of controlled premises may be conducted in accordance with the provisions under 16 Del.C. §4782(b).
3.3 Revocation and Suspension
3.3.1 Revocation of registration by the Federal Government will result in automatic revocation of the State registration.
3.3.2 Proceedings for denying, suspending or revoking a registration shall be held before the Committee. The Committee will forward their recommendation in writing to the Secretary of State for the Secretary's review and decision. Persons complained against may appear personally or by counsel, and may produce any competent evidence in answer to the alleged violation.
3.3.3 Whenever a registration is denied, suspended, or revoked by the Secretary of State, the Secretary of State or the Secretary’s designee will reduce in writing the findings and rulings, and the reasons therefor, and forward them to the persons applying for registration or complained against within 15 days of receiving the written recommendation of the Committee. This provision shall in no way stay any such denial, suspension, or revocation. The Secretary of State’s decision is final and conclusive. A person aggrieved may file an appeal as provided in 16 Del.C. §4786.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-4.0 Prescriptions
4.1 Persons Entitled to Issue Prescriptions
4.1.1 A prescription for a controlled substance may be issued only by a practitioner who is:
4.1.1.1 Authorized to prescribe controlled substances by the jurisdiction in which the practitioner is licensed to practiced the licensed profession; and
4.1.1.2 Either registered or exempt from registration pursuant to 16 Del.C. §4732.
4.1.2 A verbal prescription for a controlled substance may only be communicated to a pharmacist, a pharmacy intern or a pharmacy student participating in an approved College of Pharmacy coordinated practical experience program under the direct supervision of a licensed pharmacist by the prescriber. Verbal prescriptions for schedule III-V controlled substances in a hospice or long term care facility may be communicated by an authorized agent of the prescriber.
4.1.3 All verbal prescriptions for controlled substances must be verified and authorized by the prescriber.
4.1.4 Prescriptions for controlled substances may be transmitted via facsimile or electronic transmission by a practitioner or by the practitioner’s authorized agent to a pharmacy.
4.2 Purposes of Issue of Prescription
4.2.1 A prescription for a controlled substance must be issued for a legitimate medical purpose by practitioner acting in the usual course of their professional practice. The responsibility for proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. An order purporting to be a prescription not issued in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of §4738 of the Act and the person knowingly filling such a purported prescription, as well as the person issuing it shall be subject to the penalties provided for violation of the provisions of law relating to controlled substances.
4.2.2 A prescription may not be issued in order for a practitioner to obtain controlled substances for supplying the practitioner for the purpose of general dispensing to patients.
4.2.3 A prescription may not be issued for the dispensing of narcotic drugs listed in any schedule to a person engaged in substance abuse or misuse, as defined in subsections 9.3.11 and 9.3.12, for the purpose of continuing such person’s dependence upon such drugs, unless otherwise authorized by law.
4.3 Manner of Issuance of Prescriptions. All prescriptions for controlled substances shall be dated on the day when issued and shall bear the full name and address of the patient, and the name, address, telephone number and registration number of the practitioner. A practitioner may sign a prescription in the same manner as the practitioner would sign a check or legal document (e.g. J.H. Smith or John H. Smith). When an oral order is not permitted, prescriptions shall be written with ink or indelible pencil or typewriter and shall be manually signed by the practitioner. The prescriptions may be prepared by a secretary or agent for the signature of a practitioner but the prescribing practitioner is responsible where the prescription does not conform in all essential respects to the law and regulations. A corresponding liability rests upon the pharmacist who fills a prescription not prepared in the form prescribed by these regulations. Each written prescription shall have the name of the practitioner stamped, typed, or hand-printed on it, as well as the signature of the practitioner.
4.4 Persons Entitled to fill Prescriptions. A prescription for controlled substances may only be filled by a pharmacist acting in the usual course of his professional practice and either registered individually or employed in a registered pharmacy or by a registered institutional practitioner.
4.5 Dispensing Narcotic Drugs for Maintenance Purposes. No person shall administer or dispense narcotic drugs listed in any schedule to a narcotic drug dependent person for the purpose of continuing the person’s dependence except in compliance with and as authorized by Federal law and regulation.
4.6 Emergency Dispensing of Schedule II Substances. In an emergency situation a pharmacist may dispense controlled substances listed in Schedule II upon receiving oral authorization of a prescribing practitioner, provided that the procedures comply with Federal law and regulation.
4.7 Expiration and Partial Filling of Controlled Substance Prescriptions
4.7.1 Expiration
4.7.1.1 Prescriptions for controlled substances in Schedules II and III will become void unless dispensed within seven (7) days of the original date of the prescription or unless the original prescriber authorizes the prescription past the seven (7) day period.
4.7.1.2 Schedule II prescriptions for terminally ill or LTCF patients, shall be valid for a period not to exceed 60 days from the issue date unless sooner terminated by the discontinuance of the medication.
4.7.2 Partial Filling of Controlled Substance Prescriptions
4.7.2.1 Schedule II prescriptions may be dispensed up to 100 dosage units or a 31 day supply, whatever is the greater, and may be filled in partial quantities. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or another appropriate record, uniformly maintained, and readily retrievable) the date of the partial filling, quantity dispensed, remaining quantity authorized to be dispensed and the identification of the dispensing pharmacist. The total quantity of Schedule II controlled substances dispensed in all partial fillings must not exceed the total quantity prescribed and must be filled not later than 30 days after the date on which the prescription is written. In accordance with 21 CFR Section 1306.13(b), prescriptions for controlled substances in Schedule II for patients either having a medically documented terminal illness or patients in Long Term Care Facilities (LTCF), may be filled in partial quantities, to include individual dosage units, and must be filled not later than 60 days after the date on which the prescription is written.
4.7.2.2 Schedules III, IV and V prescriptions may be filled in partial quantities provided that each partial filling is recorded in the same manner as a refilling, the total quantity dispensed in all partial fillings must not exceed the total quantity prescribed and must be filled not later than 6 months after the date on which the prescription is written.
4.8 Mail Order Prescription. Before dispensing prescriptions for Schedules II, III, IV and V controlled substances by mail, the registrant or the pharmacist-in-charge must assure that the prescription is valid and written by a prescriber properly registered with the Federal Government. Such verification may be made either in writing or orally.
4.9 Pursuant to authority granted by 16 Del.C. §4732 the Secretary of State finds that waiver of the registration requirements contained in that section as to non-resident practitioners is consistent with the public health and safety subject to the conditions contained in this regulation.
4.9.1 The pharmacist must establish that the name of the non-resident practitioner does not appear on the list kept by the Office of Controlled Substances of those non-resident practitioners to whom the waiver granted by this regulation does not apply.
4.9.2 The waiver of the registration requirement provided by the registration shall not apply to non-resident practitioners determined by the Office of Controlled Substances to have acted in a manner inconsistent with the Public Health and Safety. The Office of Controlled Substances shall maintain a list of those non-resident practitioners found by them to have so acted. Pharmacists shall not honor the prescriptions of non-resident practitioners whose names appear on that list unless such non-resident practitioners have registered pursuant to the provisions of 16 Del.C. §4732.
4.10 The pharmacist must establish that a practitioner is properly registered to prescribe controlled substances under Federal Law.
4.10.1 The pharmacist or an employee under the pharmacist's direct supervision must verify the identification of the receiver of the controlled substance prescription by reference to valid photographic identification. For the purposes of this section, a valid photographic identification is limited to the following:
4.10.1.1 A valid Delaware motor vehicle operator's license which contains a photograph of the person receiving the prescription - record the license number listed on the license as part of the patient record.
4.10.1.2 A valid Delaware identification card which contains the photograph of the person receiving the prescription - record the identification number listed on the card as part of the patient record.
4.10.1.3 A valid United States passport.
4.10.1.4 A valid passport or motor vehicle operator's license or state identification card of another state, territory or possession of the United States or a foreign country only if it:
4.10.1.4.1 Contains a photograph of the person receiving the prescription.
4.10.1.4.2 Is encased in tamper-resistant plastic or is otherwise tamper-resistant.
4.10.1.4.3 Identifies the date of birth of the person receiving the prescription and has an identification number assigned to the document which can be recorded as part of the patient record.
4.10.2 Identification for mail order dispensed controlled substances must comply with all federal standards.
4.10.3 No filled prescription for any Schedule II controlled substance may be received at any drive through window unless the pharmacy is authorized to do so by the Office of Controlled Substances. Written prescriptions for Schedule II controlled substances may be initially presented at a drive through if the pharmacy has not obtained authorization, but the filled prescription must be picked up inside the pharmacy. Authorization to permit the receipt of filled Scheduled II controlled substances prescriptions at a drive through window may be granted only if the pharmacy can demonstrate all of the following:
4.10.3.1 A security camera system that captures clear images of the driver’s face and the license plate of the vehicle receiving any filled prescription; and
4.10.3.2 A written policy indicating that when picking up a Schedule II controlled substance at a drive through window, the driver must be recorded as the person picking up the prescription; and
4.10.3.3 A written policy requiring staff to review the identification of the driver, capture an image of the identification of the driver, and store that image in the pharmacy’s records for at least three years for every filled Schedule II prescription picked up at the drive through window.
4.11 Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no Schedule V cough preparation containing codeine, dilaudid or any other narcotic cough preparation may be dispensed without the written or oral prescription of a practitioner.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-5.0 Labeling
5.1 All dispensed prescriptions including samples shall be labeled in compliance with 24 Del.C. §2522.
5.2 A pharmacist shall affix to every container in which a drug is dispensed a label containing the following information:
5.2.1 Prescription number;
5.2.2 The date the prescription is dispensed;
5.2.3 Patient’s full name;
5.2.4 Brand or established name and strength of the drug to the extent that it can be measured;
5.2.5 Practitioner’s directions as found on the prescription;
5.2.6 Practitioner’s name;
5.2.7 Name and address of the dispensing pharmacy or practitioner.
5.3 Practitioners who sell drugs directly to patients shall label all such drugs in accordance with subsection 5.2 of this regulation with the exception of a prescription number.
5.4 Practitioners who dispense drugs directly to patients without sale shall label all drugs or provide a document including the following information:
5.4.1 The patient's full name;
5.4.2 The date the drugs were dispensed to the patient;
5.4.3 The practitioner's name;
5.4.4 The practitioner's directions.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-6.0 Records and Inventory
6.1 Requirements
6.1.1 All practitioners and pharmacies registered and authorized to prescribe or dispense controlled substances shall maintain records that adhere to all State and federal laws.
6.1.2 Practitioners authorized to prescribe or dispense controlled substances shall maintain a record with the following information:
6.1.2.1 Name and address of patient;
6.1.2.2 Date prescribed;
6.1.2.3 Name, strength, refills authorized and amount of medication.
6.1.3 Other records required by 21 CFR 1300 to the end of 1316. The information for prescribed controlled substances may be kept either in a log or on patient records provided such records or logs are made available for inspection. The information for dispensed controlled substances must be maintained in a separate log. Entries must include the date dispensed, name and address of the patient, name and strength of medication, and amount dispensed.
6.1.4 Other persons registered to manufacture, distribute, or dispense controlled substances shall maintain a record with the following information:
6.1.4.1 Amount received or distributed;
6.1.4.2 Names, addresses and dates regarding these transactions;
6.1.4.3 Other records required by 21 CFR 1300 to the end of 1316.
6.1.5 When a pharmacy relocates to a new building, or there is a change in Pharmacist-in-Charge, a complete audit of all controlled substances must be conducted before the move and within twenty-four hours after the move is complete or the PIC change occurs. If the relocation occurs in the same building, no inventory count shall be required, so long as a pharmacist physically moves the controlled substance inventory.
6.1.6 Transfers of controlled substances are only permitted if both parties are registered. Transfers of schedule II controlled substances must be transferred via DEA 222 forms. Schedule III through V transfers may be done so via invoice. Controlled substances obtained under one registration must be transferred according to this procedure when this registrant wants to transfer possession of said controlled substances to another registrant.
6.2 Accountability Audits
6.2.1 Accountability audits in pharmacies will be accomplished through a review of invoices, prescription files, other records required by 21 CFR 1300 to the end of 1316.
6.2.2 Accountability audits of registered practitioners will be accomplished through a review of records to be kept by paragraph 6.1 of this section.
6.2.3 Accountability audits of registered manufacturers and distributors (including wholesalers) will be accomplished through a review of invoices received and distributed and other records required by 21 CFR 1300 to the end of 1316.
6.3 Final Inventory
6.3.1 Pharmacies. Whenever the pharmacist in charge of a pharmacy in the State of Delaware leaves that pharmacist's position, a complete inventory of all medication covered by 16 Del.C. Ch. 47 be taken by the present and prospective pharmacist-in-charge. A copy of such inventory will be sent to the Office of Controlled Substances and another copy retained on the premises.
6.3.2 Registered practitioners who cease legal existence or discontinue business or professional practice shall notify the Office of Controlled Substances within 30 days of such fact, and shall provide the Office with an inventory of controlled substances on hand.
6.4 Retention of Records
6.4.1 All records required by this Regulation must be retained for a period of at least two (2) years.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-7.0 Security, Disposal and Loss or Theft
7.1 Security
7.1.1 Practitioners who store more than 400 total dosage units of all controlled substances and pharmacies who store schedule II controlled substances must store these controlled substances in a burglar resistant type safe unless another storage area is approved by the Office of Controlled Substances. Other storage may include but not be limited to automated dispensing systems approved by the Office. If the safe weighs less than 750 pounds, it must be bolted, cemented, or secured to the wall or floor in such a way that it cannot be readily removed. Safes and other approved systems containing controlled substances must be kept locked at all times. Unless otherwise authorized by the Office of Controlled Substances, they may be opened only by the registered practitioner or by a licensed pharmacist or other approved licensed personnel. Only pharmacies may disperse schedule III, IV and V throughout the stock of non-controlled substances in such a manner as to obstruct the theft or diversion of the controlled substances.
7.1.2 Unless otherwise authorized by the Office of Controlled Substances, all controlled substance storage area or areas shall be provided with electronic intrusion detection equipment to all sections of the said area or areas where controlled substances are stored, so as to detect four-step movement. Four-step movement is the movement of a Four-step person walking not more than four consecutive steps at a rate of one step per second. Such Four-step movement shall constitute a "trial", and a sufficient number of detection units shall be installed so that, upon test, an alarm will be initiated in at least three out of every four consecutive "trials" made moving progressively through the protective area. Electronic intrusion detection equipment shall be installed using equipment that must be U.L. approved and listed. The said system must be capable of transmitting a local alarm to an outside audible device that shall comply with U.L. Standards.
7.1.3 The immediate area in a pharmacy remodeled or newly constructed after July 31, 2011 containing dispersed, controlled drugs must be secured in a manner approved by the Office of Controlled Substances which will prevent entry by unauthorized persons. Such a manner includes, but is not limited to, the implementation of a floor to ceiling physical barrier limiting access to the pharmacy area, motion detectors, strategically placed surveillance cameras and back-up alarm systems.
7.1.4 Access to controlled substances by non-registered personnel is only permitted under the direct supervision of the pharmacist or registered practitioner or other approved licensed personnel.
7.1.5 Practitioners who store no more than 400 total dosage units of controlled substances are not required to comply with the safe or alarm requirements of the Regulation. However, their controlled substances must be stored in securely locked, substantially constructed cabinets and only available to licensed personnel.
7.1.6 The Secretary of State may require additional security requirements if the Secretary deems it necessary as a result of the possibility of diversion of controlled substances.
7.2 Disposal:
7.2.1 Any registrant in possession of any controlled substances and desiring or required to dispose of such substance or substances shall do so according to established federal and State guidelines or may contact the Office of Controlled Substances for proper instructions regarding disposal.
7.3 Loss or Theft
7.3.1 Registrants shall notify the Office of Controlled Substances of any theft or significant loss of any controlled substances, or of any prescription blanks, upon the discovery of such loss or theft.
7.3.2 Registrants shall complete the Federal forms regarding loss or theft of controlled substances. A copy must be filed with the Office of Controlled Substances.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-8.0 Practitioner Dispensing of Controlled Substances
8.1 No prescriber who is not the owner of a pharmacy or who is not in the employ of such owner, may dispense more than a 72-hour supply of schedule II through V controlled substances except for the following, who still must comply with other sections of this Regulation including but not limited to subsection 4.7 of this regulation:
8.1.1 A practitioner who confines their activities to dispensing complimentary packages of controlled substances to the practitioner’s own patients in the regular course of their practice without payment of a fee or remuneration of any kind, whether direct or indirect.
8.2 Any registered practitioner who dispenses controlled substances for sale must adhere to all State and federal laws including but not limited to the following:
8.2.1 Must notify the Office of Controlled Substances prior to dispensing any controlled substance that they will be dispensing controlled substances for sale.
8.2.1.1 A practitioner who confines their activities to dispensing complimentary packages of controlled substances to the practitioner’s own patients in the regular course of their practice without payment of a fee or remuneration of any kind, whether direct or indirect, and who dispenses the drug themselves is not required to notify the Office of Controlled Substances.
8.2.2 Before dispensing any controlled substance the patient must be advised that the prescription may be filled in the practitioner’s office or any pharmacy.
8.2.3 Prior to dispensing the practitioner must conduct a medication reconciliation review and offer to counsel the patient.
8.2.4 Prior to dispensing the practitioner must inspect the prescription product to verify its accuracy in all respects and personally place his initials on the record of sale as certification of the accuracy of, and the responsibility for, the entire transaction.
8.2.5 If the patient chooses to purchase the controlled substance from the practitioner, the practitioner shall have the patient sign the prescription and return it to the practitioner as a hard copy record of the sale. If the practitioner chooses to record the sale in book form or maintain it in an automated data system, he shall mark the prescription void, file chronologically and maintain a record for at least two years.
8.2.6 Inventories and records of all controlled substances listed in schedule II shall be maintained separately from all other records of the registrant.
8.2.7 Inventories and records of controlled substances listed in schedules III through V may be maintained separately from schedule II controlled substances records but shall not be maintained with non-controlled substances records of the registrant.
8.2.8 All records of schedule II through V controlled substances shall be maintained at the office site or an off-site retrievable within 72 hours of a request of the Office of Controlled Substances.
8.2.9 Practitioners shall perform an inventory of controlled substances at least every two years.
8.2.10 Compounding of a controlled substance by a practitioner is permitted as long as the United States Pharmacopoeia (USP) 795 and 797 standards and guidelines are followed.
8.2.11 Technicians may assist practitioners in the filling processes but only under direct supervision of the practitioner.
8.2.12 Practitioners must comply with all previous sections of this Regulation.
8.3 Administrative inspections of controlled premises may be conducted in accordance with the provisions under 16 Del.C. §4782.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-9.0 Safe Prescribing of Opioid Analgesics
9.1 Preamble: This Section provides requirements for the prescribing of opioid analgesics in order to address potential prescription drug overdose, abuse, and diversion and encourage the proper and ethical treatment of pain. Pursuant to the requirements of this Section, the practitioner can meet the goal of addressing drug overdose, abuse and diversion while ensuring patient access to safe and effective pain care.
9.2 License and DEA registration required: To prescribe opioid analgesics in Delaware, the practitioner must be licensed in this state and registered with the U.S. Drug Enforcement Administration and must comply with all applicable federal and state regulations. Out-of-state practitioners, who are prescribing controlled substances to patients in Delaware, must hold active licensure and registration in their home states. Practitioners are referred to the Practitioner's Manual of the U.S. Drug Enforcement Administration and specific rules governing controlled substances.
9.3 Definitions: The following words and terms, when used in Section 9.0 of this regulation, have the following meaning unless the context clearly indicates otherwise:
"Acute Care" means the treatment of Acute Pain, as defined in subsection 9.3 of this regulation.
"Acute Pain" means the normal, predicted physiological response to a noxious chemical, thermal or mechanical stimulus and typically is associated with invasive procedures, trauma and disease. It is generally time limited. For the purpose of this regulation, Acute Pain is less than three months in duration.
"Acute pain episode" means a discrete period of pain that usually follows some sort of injury to the body and generally dissipates when the injury heals.
"Addiction" means a primary, chronic, neurobiologic disease, with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control over drug use, craving, compulsive use, and continued use despite harm. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and are not the same as addiction.
"Chronic Care" means the treatment of Chronic Pain, as defined in subsection 9.3 of this regulation.
"Chronic Pain" means a state in which pain persists beyond the usual course of an acute disease or healing of an injury, or that may or may not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years. For the purpose of this regulation, Chronic Pain means continuous or nearly continuous pain more than three months in duration.
"Opioid Analgesic" means a drug that is used to alleviate moderate to severe pain that is either an opiate (derived from the opium poppy) or opiate-like (synthetic drugs). Examples include: morphine, codeine, fentanyl, meperidine, and methadone. For purposes of this regulation, it does not include, unless specifically designated as controlled under 16 Del.C. §4711, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
"PMP" means the Delaware Prescription Monitoring Program.
"Practitioner" means a physician, dentist, podiatrist, nurse practitioner, physician assistant or other individual, licensed, registered, or otherwise permitted, by the United States or the State of Delaware to prescribe a controlled substance in the course of professional practice but does not include veterinarians.
"Risk Assessment" means utilizing a tool appropriate for the patient, such as but not limited to, the Screener and Opioid Assessment for Patients with Pain ("SOAPP"), Opioid Risk Tool ("ORT"), or Screening, Brief Intervention and Referral to Treatment ("SBIRT"), which are designed for predicting the likelihood that a patient will abuse or misuse a prescribed controlled substance based on past behavior, genetic predispositions, social or environmental factors, or other risks.
"Substance Abuse" means using a controlled substance without a legitimate medical need, for the purpose of altering one's emotional experience.
"Substance Misuse" means using a controlled substance in a way that is not prescribed.
"Treatment Agreement" means a written agreement, signed by the practitioner and the patient (or the patient's proxy), which shall become part of the patient's medical record. The Treatment Agreement may include, at the practitioner's discretion:
9.4 Practitioner-patient relationship: A practitioner may not prescribe opioid analgesics unless a practitioner-patient relationship has been established, or the practitioner is seeing the patient in lieu of the patient's prescribing practitioner on a limited basis and on the practitioner's request or behalf.
9.5 First time, outpatient prescription for Acute Pain; maximum seven-day supply.
9.5.1 When issuing a prescription for an opioid analgesic to an adult patient for outpatient use for the first time, for an Acute Pain Episode, a practitioner may not issue a prescription for more than a seven-day supply.
9.5.2 A practitioner may not issue a prescription for an opioid analgesic to a minor for more than a seven-day supply at any time and shall discuss with the parent or guardian of the minor the risks associated with opioid use and the reasons why the prescription is necessary.
9.5.3 Notwithstanding subsections 9.5.1 and 9.5.2, if, in the professional medical judgment of a practitioner, more than a seven-day supply of an opiate is required to treat the adult or minor patient's acute medical condition, then the practitioner may issue a prescription for the quantity needed to treat such acute medical condition. The condition triggering the prescription of an opiate for more than a seven-day supply shall be documented in the patient's medical record, the practitioner shall query the PMP to obtain a prescription history, and the practitioner shall indicate that a non-opiate alternative was not appropriate to address the medical condition and comply with subsections 9.6.4 and 9.6.5.
9.6 Subsequent prescriptions. Subject to the exemptions set forth in subsection 9.7, after the first time prescription, or after the patient has been issued outpatient prescriptions totaling up to a seven day supply, prior to issuing a subsequent prescription for an opioid analgesic for Acute Pain, the practitioner must perform an appropriate evaluation of the patient's medical history and condition, including the following:
9.6.1 Query the PMP to obtain a prescription history for the first subsequent prescription that goes beyond the initial 7-day period and, for any subsequent prescriptions after that, the PMP shall be queried at the discretion of the practitioner unless otherwise required;
9.6.2 Administer a fluid drug screen, at the discretion of the practitioner;
9.6.3 Conduct a physical examination which must include a documented discussion between the practitioner and patient to: Elicit relevant history, explain the risks and benefits of opioid analgesics and possible alternatives to the use of opioid analgesics, identify other treatments tried or considered, and determine whether opioid analgesics are contra-indicated;
9.6.4 Obtain an Informed Consent form, signed by the patient (or the patient's proxy), that must include information regarding the drug's potential for addiction, abuse, and misuse; and the risks associated with the drug of life-threatening respiratory depression; overdose as a result of accidental exposure potentially fatal, especially in children; neonatal opioid withdrawal symptoms; and potentially fatal overdose when interacting with alcohol; and other potentially fatal drug/drug interactions, such as benzodiazepines; and
9.6.5 Schedule and undertake periodic follow-up visits and evaluations of the patient to monitor and assess progress toward goals in the treatment plan and modify the treatment plan, as necessary. The practitioner must determine whether to continue the treatment of pain with an opioid analgesic, whether there is an available alternative, whether to refer the patient for a pain management or substance abuse consultation.
9.7 Exemptions to subsection 9.6:
9.7.1 If a patient has been discharged from an in-patient facility or out-patient surgical center, and, in the professional medical judgment of the practitioner, more than a seven-day supply of an opiate is required to treat the patient's acute medical condition, the practitioner may issue a second prescription for not more than a seven-day supply without satisfying the requirements of subsection 9.6.
9.7.2 If a practitioner satisfies the requirements of subsection 9.6 at the time of the first time prescription, the practitioner may issue a subsequent prescription for not more than a seven-day supply without repeating the requirements of subsection 9.6.
9.8 Chronic Pain patients. In addition to the requirements of subsection 9.6, the practitioner must adhere to the following additional requirements for Chronic Pain patients:
9.8.1 Query the PMP at least every six months, more frequently if clinically indicated, or whenever the patient is also being prescribed a benzodiazepine;
9.8.2 Query the PMP whenever the patient is assessed to potentially be at risk for substance abuse or misuse or demonstrates such things as loss of prescriptions, requests for early refills or similar behavior;
9.8.3 Administer fluid drug screens at least once every six months;
9.8.4 Obtain a signed Treatment Agreement, pursuant to subsection 9.3.13;
9.8.5 Conduct a Risk Assessment as defined in subsection 9.3.10;
9.8.6 Document in the patient's medical record alternative treatment options that have been tried by the patient, including non-pharmacological treatments, and their adequacy with respect to providing sufficient management of pain;
9.8.7 Make efforts to address psychiatric and medical comorbidities concurrently, rather than sequentially, when concurrent treatment is clinically feasible; and
9.8.8 At the practitioner's discretion, seek a case review and consult with, or otherwise refer the patient to, a state-licensed physician who holds a subspecialty board certification in addiction psychiatry from the American Board of Psychiatry and Neurology or an addiction certification from the American Board of Addiction Medicine or an addiction specialist if any of the following occur:
9.8.8.1 Adulterated drug tests;
9.8.8.2 Diversion of prescribed medications; or
9.8.8.3 The patient has obtained controlled substances elsewhere without disclosure to the physician, as evidenced by PMP data.
9.9 Practitioners treating the following patients are exempted from the requirements of this Regulation:
9.9.1 Hospice care patients;
9.9.2 Active cancer treatment patients;
9.9.3 Patients experiencing cancer-related pain;
9.9.4 Terminally ill/palliative care patients; and
9.9.5 Hospital patients, during the hospital stay, including any prescription issued at the time of discharge, so long as that discharge prescription is for a quantity of a 7-day supply or less.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-10.0 Procedures for Adoption of Regulations
10.1 Notice. Prior to the adoption, amendment or repeal of any of these controlled substances regulations, the Secretary of State/Committee will give at least twenty (20) days notice of the intended action.
10.1.1 The notice will include a statement of either the terms of substance of the intended action or a description of the subjects and issues involved, or the time when, and the place where to present their views thereon.
10.1.2 The notice will be mailed to persons who have made timely request of the Office of Controlled Substances for advance notice of such rule-making proceedings and shall be published in two newspapers of general circulation in this State.
10.2 Hearing. The Secretary of State shall designate the Committee to preside over hearings. The Committee will afford all interested persons a reasonable opportunity to submit data, views or arguments, orally or in writing.
10.3 Emergency Regulations. If the Secretary of State, upon the recommendation of the Committee, finds that an imminent peril to the public health, safety or welfare requires adoption of a regulation upon fewer then twenty (20) days notice and states in writing the reasons for that finding, the Secretary of State may proceed without prior notice or hearing or upon any abbreviated notice and hearing the Secretary finds practicable, to adopt an emergency regulation. Such rules will be effective for a period not longer than 120 days, but the adoption of an identical rule under the procedures discussed above is not precluded.
10.3.1 Pursuant to 16 Del.C. §4713 the Secretary of State finds that the synthetic opioid, 3, 4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as U-47700) and it isomers, esters, ethers, salts and salts of isomers, esters and ethers, has high potential for abuse; has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision, and therefore:
10.3.1.1 The Secretary of State, as authorized by 16 Del.C. §4713, does hereby add by rule 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as U-47700) and it isomers, esters, ethers, salts and salts of isomers, esters and ethers, in Schedule I of the Uniform Controlled Substances Act, 16 Del.C. Ch. 47.
10.4 Finding and Availability. The Secretary of State will maintain on file any adoption, amendment or repeal of these regulations. In addition, copies of these regulations will be available for public inspection at the Office of Controlled Substances.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
24 Del. Admin. Code § Uniform-11.0 Severability
11.1 If any provision of these regulations is held invalid the invalidity does not affect other provisions of the regulations which can be given effect without the invalid provisions or application, and to this end the provisions of the regulation are severable.
11.2 Pursuant to 16 Del.C. §4718(f) and 16 Del.C. §4720(c) the Secretary of State finds that the compounds, mixtures or preparations listed in 21 CFR 1301.21, 21 CFR 1308.24 contain one or more active medical ingredients not having a stimulant or depressant effect on the central nervous system and that the admixtures included therein are in combinations, quantities, proportions, or concentrations that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system, and therefore:
11.2.1 The Secretary of State, as authorized by 16 Del.C. §4718(f) and 16 Del.C. §4720(c), does hereby except by rule the substances listed in 21 CFR 130.21, CFR 1308.24 and 21 CFR 1308.32 from Schedules III and IV of the Uniform Controlled Substances Act, 16 Del.C. Ch. 47.
History
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 25 DE Reg. 873 (03/01/22)
- 13 DE Reg. 281 (08/01/09)
- 15 DE Reg. 891 (12/01/11)
- 16 DE Reg. 1198 (05/01/13)
- 17 DE Reg. 992 (04/01/14)
- 20 DE Reg. 564 (01/01/17)
- 20 DE Reg. 826 (04/01/17)
- 22 DE Reg. 79 (07/01/18)
- 25 DE Reg. 873 (03/01/22)
Voluntary Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
24 Del. Admin. Code § Voluntary Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
DEPARTMENT OF STATE
Division of Professional Regulation
Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
(1) If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
(2) The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
(3) In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
(4) A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
(5) Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection (h) of this section.
(6) The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
a. Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
b. Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
c. Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
d. Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
e. Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
f. Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
(7) The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
(8) The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
(9) If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
(10) Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
(11) Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
(12) Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
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