Title 24, Professions and Occupations

§ 2004A. State participation in the Compact. (a) To participate in the Compact, a member state shall: (1) License occupational therapists and occupational therapy assistants. (2) Participate fully in the Commission’s data system, including but not limited to using the Commission’…

§ 2005. Records. The Division shall keep a register of all approved applications for license as an occupational therapist and occupational therapy assistant, and complete records relating to meetings of the Board, examinations, rosters, changes, and additions to the Board’s rules…

§ 2005A. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the home state. (2) Have a valid United States Social Security number or National Practitioner Identification number. (3) Hav…

§ 2006. Powers and duties. (a) The Board may do all of the following: (1) Formulate rules and regulations, with appropriate notice to those affected. Rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapte…

§ 2006A. Obtaining a new home state license by virtue of compact privilege. (a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only 1 member state at a time. (b) If an occupationa…

§ 2007. License required. (a) A person may not engage in the practice of occupational therapy or hold the person out to the public in this State as being qualified to practice as an occupational therapist or occupational therapy assistant, or use in connection with the person’s n…

§ 2007A. Active duty military personnel or their spouses. (a) Active duty military personnel, or their spouses, 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 ser…

§ 2008. Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure as an occupational therapist or occupational therapy assistant under this chapter shall submit evidence, verified by oath and satisfactory to the Board…

§ 2008A. Adverse actions. (a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state. (b) In addition to the other powers conferred by state law, a remote state shal…

§ 2009. Applicability of chapter. Nothing in this chapter may be construed as preventing or restricting the practice, services, or activities of any of the following: (1) A person registered or licensed in this State by any other law from engaging in the profession or occupation …

§ 2009A. Establishment of the Occupational Therapy Compact Commission. (a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission: (1) The Commission is an instrumentality of the compact states. (2) Venue i…

§ 2010. Foreign-trained applicants. In addition to the requirements of § 2008 of this title, a foreign-trained applicant is eligible for licensure as an occupational therapist or as an occupational therapy assistant after submitting to the Board satisfactory evidence of graduatio…

§ 2010A. Data system. (a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states. (b) A member s…

§ 2011. Reciprocity. Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the Distric…

§ 2011A. Rulemaking. (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The Commission shall…

§ 2012. Duty to report unprofessional conduct; inability to practice. (a) A licensee has a duty to report to the Division information that the licensee reasonably believes indicates that the licensee or another licensee has engaged in or is engaging in conduct that constitute gro…

§ 2012A. Oversight, dispute resolution, and enforcement. (a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes …

§ 2013. Fees. (a) The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board’s expenses and the Division’s proportional expenses in its service on behalf of the Board. (b) A separate fee may be …

§ 2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment. (a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provi…

§ 2014. Issuance and renewal of licenses. (a) The Board shall issue a license to each applicant who meets the requirements of and pays the fee under this chapter for licensure as an occupational therapist or occupational therapy assistant. (b) Each license must be renewed biennia…

§ 2014A. Construction and severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constit…

§ 2015. Grounds for discipline. (a) A licensee is subject to disciplinary actions under § 2017 of this title if, after a hearing, the Board finds that the licensee has done any of the following: (1) Employed or knowingly cooperated in fraud or material deception in order to acqui…

§ 2015A. Binding effect of Compact and other laws. (a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (b) Nothing herein prevents the enforcement of any other law of a mem…

§ 2016. Complaints. (a) The Division shall receive and investigate a complaint in accordance with § 8735 of Title 29, and the Division shall issue a final written report at the conclusion of its investigation. (b) If the Board determines that an individual is engaging in the prac…

§ 2017. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations under § 2015 of this title applies to a licensee: (1) Issue a letter of reprimand. (2) [Repealed.] (3) P…

§ 2018. Hearing procedures. (a) If a complaint alleging violation of § 2015 of this title is filed with the Board under § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing must be cond…

§ 2019. Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate a license if, after a hearing, the Board is satisfied that the licensee has take…

§ 2020. Penalties. (a) It is unlawful for a person who is not licensed under this chapter to any of the following: (1) Engage in the practice of occupational therapy. (2) Use in connection with that person’s name or otherwise assume or use any title or description that conveys or…

§ 2021. Treatment or examination of minors. (a) As used in this section: (1) “Adult staff member” means an individual who is 18 years or older and is acting under the direction of the licensee, the licensee’s employer, or is otherwise licensed under this chapter. (2) “Evaluation …

§ 2022. Dry needling practice; referral [Effective upon fulfillment of the contingency in 85 Del. Laws, c. 459, § 4]. (a) An occupational therapist may perform dry needling subject to the following: (1) An occupational therapist may not perform a dry needling procedure on a patie…

§ 2100. Objectives. The primary objective of the Board of Examiners in Optometry, 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 unsaf…

§ 2101. Definition of practice of optometry. (a) “Practice of optometry” means the examination or measurement by any subjective or objective means including automated or testing devices for the diagnosis, treatment, and prevention of conditions of the human eye, lid, adnexa, and …

§ 2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation. (a) The Delaware State Board of Examiners in Optometry, heretofore established and hereafter in this chapter referred to as t…

§ 2103. Organization; meetings; officers; quorum. (a) The Board shall hold a regularly scheduled business meeting at least once in each year and at such times as the President deems necessary or at the request of a majority of the Board members. (b) The Board shall elect annually…

§ 2104. Powers and duties. (a) The Board of Examiners in Optometry shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administra…

§ 2105. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service…

§ 2106. License required. (a) No person shall engage in the practice of optometry or hold himself or herself out to the public in this State as being qualified to practice optometry or use in connection with that person’s name, or otherwise assume or use, any title or description…

§ 2107. Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure as an optometrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has received a degree…

§ 2108. Examinations [Repealed].25 Del. Laws, c. 113, § 5; Code 1915, § 896; 35 Del. Laws, c. 58, § 1; Code 1935, § 1006; 42 Del. Laws, c. 94, § 1; 47 Del. Laws, c. 106, § 2; 24 Del. C. 1953, § 2108; 66 Del. Laws, c. 1, § 1; 69 Del. Laws, c. 288, § 4; 70 Del. Laws, c. 186, § 1; 7…

§ 2109. Reciprocity. The Board shall waive the internship requirement for an applicant holding a valid license to practice optometry issued by another jurisdiction and who has practiced for a minimum of 5 years in such other jurisdiction with standards of licensure which are equa…

§ 2110. Internship requirements; temporary licenses. Every applicant, except those applicants who qualify for licensure by reciprocity, shall be required to complete a Board-approved 6-month internship in optometry. The internship shall be completed after the applicant has passed…

§ 2111. Certification and registration for successful applicants. All persons successfully passing the examinations for licensure as required by the chapter shall be registered in the Board Register, which shall be kept by the Division of Professional Regulation, as licensed to p…

§ 2112. Issuance and renewal of licenses. The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as an optometrist and who pays the fee established under § 2105 of this title. Each license shall be renewed biennially, in such ma…

§ 2113. Grounds for refusal, revocation or suspension of licenses. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2115 of this title if, after a hearing, the Board finds that the optometrist has: (1) Practiced in a merchandi…

§ 2114. Complaints. All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29 and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. When it is deter…

§ 2115. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 2113 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of rep…