Title 24, Professions and Occupations

§ 1623. Applicability of chapter. This chapter shall apply with equal force and effect to businesses and enterprises in existence prior to the effective date of this chapter and to those undertaken thereafter. The information required of all applicants hereunder shall be supplied…

§ 1624. Inspections of massage establishments. Repealed by 77 Del. Laws, c. 168, § 21, effective July 16, 2009.

§ 1625. Rules and prohibitions relating to adult entertainment establishments. (a) No adult entertainment establishment shall be established in a shopping area containing 1 or more parcels of land owned by a common owner or owners and having in such area 4 or more retail stores. …

§ 1626. Offenses. Unless otherwise provided, all violations of this chapter are misdemeanors.61 Del. Laws, c. 122, § 1; 62 Del. Laws, c. 270, § 1;

§ 1627. Jurisdiction. Exclusive jurisdiction for all criminal violations of this chapter shall be in the Superior Court.61 Del. Laws, c. 122, § 1; 62 Del. Laws, c. 270, § 1;

§ 1628. Words of gender or number. Unless the context otherwise requires, words denoting the singular number may, and where necessary, shall be construed as denoting the plural number, and words denoting the plural number may, and where necessary, shall be construed as denoting t…

§ 1629. Presence of minors prohibited; penalties. (a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individu…

§ 1631. Statement of purpose; findings. (a) It is hereby found that there are certain commercial premises, buildings, structures or parts thereof which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease t…

§ 1632. Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Booths, stalls or partitioned portions of a room or individual…

§ 1633. Building standards. (a) No commercial building, structure, premises, part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexua…

§ 1634. Department of Health and Social Services. (a) The Department of Health and Social Services shall administer this subchapter and may adopt rules and regulations to facilitate its administration of this subchapter. In exercising the powers conferred by this or any other sec…

§ 1635. Closure of certain public nuisances. (a) After the Secretary has issued the notice and warning described in § 1634 of this title, the management, owner or tenant shall have 10 days to request a hearing before the Secretary or a hearing officer appointed by the Secretary, …

§ 1701. Statement of purpose. Recognizing that the practice of medicine and the practices of certain other healthcare professions are privileges and not natural rights, it is hereby considered a matter of policy in the interests of public health, safety, and welfare to provide la…

§ 1701A. Interstate Medical Licensure Compact; findings and declaration of purpose. (a) The State hereby enters into the Interstate Medical Licensure Compact (IMLC) the text of which is as set forth in this chapter. (b) In order to strengthen access to health care, and in recogni…

§ 1701B. PA Licensure Compact. Delaware hereby enters into the PA Licensure Compact (Compact) as set forth in this chapter. The text of the Compact is set forth in this chapter.84 Del. Laws, c. 110, § 1;

§ 1701C. Title and purpose. (a) The purpose of this Compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to pract…

§ 1702. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. The following definitions apply to this chapter unless otherwise expressly stated or implied by the context: (1) “Board” means the Board of Medical Licensure and Discipline. (2) “Certificate to…

§ 1702A. Definitions. In this compact: (a) “Bylaws” means those bylaws established by the Interstate Commission pursuant to § 1714A. (b) “Commissioner” means the voting representative appointed by each member board pursuant to § 1711A. (c) “Conviction” means a finding by a court …

§ 1702B. Purpose. (a) In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements …

§ 1702C. Definitions. As used in this Compact: (1) “Active military member” means any individual with a full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. (2) “Adverse action” means any administrative, civil, equit…

§ 1703. Nonapplicability of certain provisions [For application of this section, see 85 Del. Laws, c. 253, § 23]. Provisions of this chapter pertaining to the practice of medicine do not apply to: (1) A person providing service in an emergency, where no fee or other consideration…

§ 1703A. Eligibility. (a) A physician must meet the eligibility requirements as defined in § 1702A(k) of this title to receive an expedited license under the terms and provisions of the Compact. (b) A physician who does not meet the requirements of § 1702A(k) of this title may ob…

§ 1703B. Definitions. As used in this Compact: (1) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a physician assistant license or license application or …

§ 1703C. State participation in this Compact. (a) In order to participate in this Compact and thereafter continue as a member state, a member state shall do all of the following: (1) Enact a compact that is not materially different from the model compact. (2) License respiratory …

§ 1704. State requirement for services of a physician or surgeon. If a law, rule, or regulation of this State requires the services or qualifications of a physician or surgeon, the requirement may be met only by a person registered and certified to practice medicine under this ch…

§ 1704A. Designation of state of principal license. (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice med…

§ 1704B. State participation in this Compact. (a) To participate in this Compact, a participating state shall: (1) License physician assistants. (2) Participate in the Compact Commission’s data system. (3) Have a mechanism in place for receiving and investigating complaints again…

§ 1704C. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of this Compact, the licensee shall do all of the following: (1) Hold and maintain an active home state license as a respiratory therapist. (2) Hold and maintain an active credential …

§ 1705. Accreditation of facilities where office-based surgeries are performed. No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 12…

§ 1705A. Application and issuance of expedited licensure. (a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license. (b) Upon receipt of a…

§ 1705B. Compact privilege. (a) To exercise the compact privilege, a licensee must: (1) Have graduated from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or other programs authorized by commission ru…

§ 1705C. Active military member or their spouse. (a) An active military member, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is …

§ 1706A. Fees for expedited licensure. (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact. (b) The Interstate Commission is authorized to develop rules regarding f…

§ 1706B. Designation of the state from which licensee is applying for a compact privilege. (a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the Commission the participating state from which the licensee is applying, in accordance with appl…

§ 1706C. Adverse actions. (a) A member state in which a licensee is licensed has authority to impose adverse action against the license issued by that member state. (b) A member state may take adverse action based on significant investigative information of a remote state or the …

§ 1707A. Renewal and continued participation. (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician: (1) Maintains a full and unrestricted license in a state of principal li…

§ 1707B. Adverse actions. (a) A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state. (b) In addition to the other powers conferred by state law, a remote state sh…

§ 1707C. Establishment of the Respiratory Care Interstate Compact Commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this Compact known as the Respiratory Care Interstate…

§ 1708A. Coordinated information system. (a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under § 1705A of this title. (b) Notwithstanding any other provision of law, member boards shall report to the Intersta…

§ 1708B. Establishment of the PA Licensure Compact Commission. (a) The participating states hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the compact sta…

§ 1708C. Data system. (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information. (b) Notwithstanding …

§ 1709A. Joint investigations. (a) Licensure and disciplinary records of physicians are deemed investigative. (b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other…

§ 1709B. Data system. (a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on all …

§ 1709C. Rulemaking. (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this Compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds tha…

§ 1710. Composition [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until July 17, 2028]. (a) The Board of Medical Licensure and Discipline has the sole authority in this State to issue certificates to practice medicine and is the State’s supervisory,…

§ 1710A. Disciplinary actions. (a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the Medical Prac…