Title 24 — Professions and Occupations

§ 5410. Notice to educational institution. (a) For purposes of this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not later t…

§ 5411. Student athlete’s right to cancel. (a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signe…

§ 5412. Required records. (a) An athlete agent shall create and retain for 5 years records of all of the following: (1) The name and address of each student athlete represented by the agent. (2) Each agency contract entered into by the agent. (3) The direct costs incurred by the …

§ 5413. Prohibited conduct. An athlete agent may not intentionally do any of the following: (1) Give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representatio…

§ 5414. Criminal penalty. (a) An athlete agent who violates § 5413 of this title is guilty of a class A misdemeanor. A first conviction of a violation of § 5413 of this title is punishable by a fine of not less than $500 nor more than $1,000 and imprisonment for not more than 1 y…

§ 5415. Civil remedy. (a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or stud…

§ 5416. Civil penalty. The Secretary may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.73 Del. Laws, c. 144, § 1; 83 Del. Laws, c. 528, § 1;

§ 5417. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws similar to this chapter.73 Del. Laws, c. 144, § 1;…

§ 5418. Relation to the Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, …

§ 5501. Purpose. The Delaware General Assembly declares that it is in the best interest of the citizens of Delaware to require licensure of bail enforcement agents and their agents and employees to prevent unqualified individuals from endangering the public. Therefore, the purpos…

§ 5502. Definitions. (a) “Bail bondsmen” shall mean the person or persons licensed by the Department of Insurance as a bail bonding agent. (b) “Bail bondsmen association” shall mean any organization or entity that represents the bail bondsmen in the State. (c) “Bail enforcement a…

§ 5503. Board of Examiners of Bail Enforcement Agents. (a) Creation of the Board. — The Delaware Board of Examiners of Bail Enforcement Agents is created for the protection of the general public and to carry out the functions and duties conferred on it by this chapter. (b) All le…

§ 5504. Board membership and authority. (a) The Board shall be composed of 9 members who shall be citizens of the State and shall be appointed by the Secretary of Safety and Homeland Security: (1) The Superintendent of the Division of State Police or a designated representative, …

§ 5505. Emergency suspension. (a) The Director shall be granted the power to impose an emergency suspension on any person licensed under this chapter if, in the opinion of the Director, that failure to take such action could jeopardize the public’s safety and welfare. (b) Any per…

§ 5506. Prohibited conduct. No person, other than a “law-enforcement officer” as defined by § 222 of Title 11 or an employee of any state court acting at the direction of any judge, commissioner or master of any state court, shall apprehend or detain a suspected fugitive on behal…

§ 5507. Licensing. (a) The promulgated rules and regulations shall implement the provisions of this chapter regarding the licensure and registration of bail enforcement agents, which may include the term of a license or registration and the qualifications of a licensee, and may c…

§ 5508. Change of address. Notification shall be made to the Professional Licensing Section within 14 days after the change of any contact information, including but not limited to, address, phone number (home and cell), and E-mail address of any individual licensed under this ch…

§ 5509. Identification card, license, and badge. (a) Anyone required to be licensed under this chapter shall be issued, by the Professional Licensing Section, an identification card, license, and badge which shall expire and be renewable on the fourth anniversary date of the birt…

§ 5510. Possession of identification card and badge. Any person who has been issued an identification card and badge by the Professional Licensing Section shall be required to have such card and badge in their possession while in the performance of the person’s duties.77 Del. Law…

§ 5511. Notification of arrest. Anyone licensed under this chapter shall, excluding weekends and state holidays, notify the Director within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation o…

§ 5512. Surrender of expired, revoked or suspended identification cards, licenses and badges; penalty. Any person to whom an identification card, license and badge may be issued in accordance with this chapter shall surrender such items and all duplicate copies thereof, which hav…

§ 5513. Jurisdiction. The Superior Court shall have jurisdiction over violations under this chapter.77 Del. Laws, c. 457, § 4;

§ 5514. Violation of chapter as ground for revocation of identification card, license and badge. A violation of this chapter shall be cause for revocation of any identification card, license and badge issued thereunder, notwithstanding that the same violation may constitute a mis…

§ 5515. Penalties. (a) The Board shall have the power to impose a civil penalty upon any person required to be licensed under this chapter up to $200, per day, for operating without a valid license. (b) Anyone performing the duties of a BEA pursuant to § 5502 of this title, who i…

§ 5601. Objectives. The primary objective of this chapter is to regulate the commission of constables employed with various public and private entities within the State and to ensure that proficiency standards for commissioned constables are maintained. In meeting its objectives,…

§ 5602. Definitions. As used in this chapter: (1) “Board” means the Constable Board of Examiners. (2) “Commission” means authority issued from the Board empowering a person or persons named in an application to exercise jurisdiction, perform the duties, and exercise the office of…

§ 5603. Constable Board of Examiners. (a) There is created a Constable Board of Examiners which shall administer and enforce this chapter. (b) The Board consists of 7 members: (1) The Superintendent of the Delaware State Police or the Superintendent’s designee. (2) The Director o…

§ 5604. Duties and responsibilities of the Board. The Board has the authority to: (1) Promulgate, adopt and, from time to time, revise such rules, regulations, and standards not inconsistent with the law as may be necessary to enforce the provisions of this chapter. (2) Review ap…

§ 5605. Duties of the Professional Licensing Section. (a) The Professional Licensing Section shall do the following: (1) Keep a register of all constable commission applications, including approvals and denials thereof, and of all renewal applications. (2) Be responsible for reco…

§ 5606. Commissions. (a) All applicants must provide the Board with proof of employment with an employer and the required documentation, from the employer, as required under § 5607 of this title, prior to being commissioned or recommissioned as a constable. (1) All commissioned c…

§ 5607. Qualifications and training. (a) All applicants and commissioned constables must meet all requirements of this chapter and all rules and regulations promulgated by the Board. (b) Anyone who wishes to be commissioned under this chapter, must meet and maintain the following…

§ 5608. Oath. Upon appointment, the Board shall issue to each constable a commission and the constable so appointed shall, before acting or performing duties as a constable, take and subscribe, before any officer authorized by the laws of this State to administer oaths, the oath …

§ 5609. Powers and duties of constables. A commissioned constable shall: (1) Work within the lawful duties of such commissioned constable’s employment to protect life and property, and preserve peace and good order. (2) Exercise the same powers as peace officers and law-enforceme…

§ 5610. Badges. A person who holds the office of constable shall have and display on proper demand a badge, approved by the Board, with the word “constable” engraved thereon. A constable may have and display such badge only while on duty and while in the performance of the lawful…

§ 5611. Jurisdiction. Except as otherwise provided by law or limited by the Board the jurisdiction of each constable, commissioned under this chapter, shall extend throughout the State.Code 1852, § 630; 12 Del. Laws, c. 86; Code 1915, §§ 1398A, 1412; 33 Del. Laws, c. 89, § 3; 35 …

§ 5612. Disciplinary proceedings; appeal. (a) Subject to the provisions of this chapter and the rules and regulations promulgated by the Board, the Board may impose any of the following sanctions set forth in subsection (b) of this section if a finding has been made by the Board …

§ 5613. Judicial review. (a) A constable aggrieved by a decision of the Board under § 5612 of this title may obtain a review of such decision by filing an appeal with the Superior Court no later than 30 days after the Board’s decision. (b) Any party to the proceeding before the B…

§ 5614. Exclusion from coverage. Constables appointed pursuant to this chapter are not covered by the provisions of the Law Enforcement Officers’ Bill of Rights under Chapter 92 of Title 11.65 Del. Laws, c. 433, § 1; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 454, § 2;

§ 6001. Definitions. For purposes of this chapter: (1) “Distant site” means a site at which a health-care provider legally allowed to practice in Delaware is located while providing health-care services by means of telemedicine. (2) “Health-care provider” means any person authori…

§ 6002. Authorization to practice by telehealth and telemedicine. (a) Health-care providers licensed by the following professional licensing boards existing under this title are authorized to deliver health-care services by telehealth and telemedicine subject to the provisions of…

§ 6003. Scope of practice; provider-patient relationship required. (a) Except for the instances listed in this chapter, health-care providers may not deliver health-care services by telehealth and telemedicine in the absence of a health-care provider-patient relationship. A healt…

§ 6004. Practice requirements. (a) A health-care provider using telemedicine and telehealth technologies to deliver health-care services to a patient must, prior to diagnosis and treatment, do at least 1 of the following: (1) Provide an appropriate examination in-person. (2) Requ…

§ 6005. Exceptions. (a) Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during: (1) Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis…

§ 6101. Purpose. (a) The Board of Elevator Mechanics’ primary objective, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practic…

§ 6102. Definitions. As used in this chapter: (1) “Board” means the Board of Elevator Mechanics established in this chapter. (2) “Division” means the Division of Professional Regulation. (3) “Elevator mechanic” means an individual who is licensed by the Board to plan, estimate, l…

§ 6103. Board of Elevator Mechanics; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created a state Board of Elevator Mechanics, which shall administer and enforce this chapter. (b) The Board shall…

§ 6104. Organization; meetings; officers; quorum. (a) The Board shall hold regularly-scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the president deems necessary or as requested by a majority of the Board. (b) The Board an…

§ 6105. Powers and duties. (a) The Board of Elevator Mechanics has the authority to perform the following: (1) Formulate rules and regulations with proper notice to those affected. All rules and regulations must be promulgated in accordance with the procedures specified in the Ad…

§ 6106. License required. (a) No individual may engage in the practice of providing elevator services or hold oneself out to the public in this State as being qualified to act as a licensed elevator mechanic, or otherwise assume or use any title or description conveying or tendin…

§ 6107. Qualifications of applicant (a) An applicant, who is applying for licensure as an elevator mechanic under this chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such individual: (1) An applicant shall have knowledge of elevator installat…