CHAPTER 402

FORMERLY

HOUSE BILL NO. 673

AN ACT TO AMEND CHAPTER 88, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF PROFESSIONAL REGULATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §13810, Chapter 88, Title 29 of the Delaware Code by striking said

section in its entirety, and substituting in lieu thereof the following:

§8810. Division of Professional Regulation.

(a) The Division of Professional Regulation shall have the powers, duties and

functions set forth in this section, The Division shall be responsible for the

administrative, ministerial, budgetary, clerical and Investigative support functions, (including but not limited to the appointment, removal, compensation and duties of employees) as provided by law of the following commissions, boards, and agencies:

(1) Board of Accountancy as set forth in Chapter 1 of Title 24;

(2) Board of Landscape Architecture as set forth In Chapter 2 of Title 24;

(3) Board of Architects as set forth in Chapter 3 of Title 24;

(4) Board of Podiatry as set forth in Chapter 5 of Title 24;

(5) Board of Chiropractic as set forth in Chapter 7 of Title 24;

(6) Licensing of deadly weapons dealers as set forth to Chapter 9 of Title 24;

(7) Board of Dental Examiners as set forth in Chapter 11 of Title 24;

(8) Board of Electrical Examiners as set forth in Chapter 14 of Title 24;

(9) Commission on Adult Entertainment Establishments as set forth In Chapter 16 of Title 24;

(1) Board of Medical Practice as set forth in Chapter 17 of Title 24;

(1) Board of Nursing as set forth in Chapter 19 of Title 24;

(1) Board of Occupational Therapy Practice as set forth In Chapter 20 of Title 24;

(1) Board of Examiners In Optometry as set forth In Chapter 21 of Title 24;

(1) Board of Pharmacy as set forth In Chapter 25 of Title 24;

(1) Examining Board of Physical Therapists as set forth In Chapter 26 of Title 24;

(1) Board of Registration for Professional Land Surveyors as set forth in Chapter 27 of Title 24;

(1) Real Estate Commission as set forth In Chapter 29 of Title 24; (1B) Board of Professional Counselors as set forth In Chapter 30 of Title 24;

(19) Board of Funeral Service Practitioners as set forth In Chapters 31 and 50 of Title 24,

(20) Board of Veterinary Medicine as set forth in Chapter 33 of Title 24;

(21) Board of Examiners of Psychologists as set forth in Chapter 35 of Title 4;

(22) Board of Registration of Geologists as set forth in Chapter 36 of Title 24;

(23) Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers as set forth in Chapter 37 of Title 24;

(24) Board of Social Work Examiners as set forth in Chapter 39 of Title 24;

(25) Board of Cosmetology and Barbering as set forth in Chapter 51 of Title 24;

(26) Board of Examiners of Nursing Home Administrators as set forth in Chapter 52 of Title 24;

(27) Board of Pilot Commissioners as set forth in Chapter 1 of Title 23;

(28) Delaware Racing Commission as set forth In Chapter 3 of Title 28;

(29) Harness Racing Commission as set forth in Chapter 5 of Title 28; and

(30) Gaming Control Board as set forth in Chapter 15 of Title 28.

(b) The Division of Professional Regulation shall have such power to make and enforce rules and regulations for the conduct of employment agencies as was heretofore vested in the Employment Security Commission pursuant to

§3155 of Title 19.

(c) The Division of Professional Regulation shall have the following powers, duties and functions related to the regulation of boxing and wrestling. It shall:

(1) Promulgate and enforce rules and regulations for the conduct of
professional and amateur boxing or wrestling matches or exhibitions for which a fee is charged. The Division shall consult with members of the medical
profession on health-related matters in the promulgation of health-related regulations;

(1) Issue licenses and permits for amateur and professional boxing and

wrestling exhibitions for which a fee is charged. The Division shall have the

power to suspend or revoke any license in the Interest and protection of the public health, safety and welfare;

(1) Determine whether a bond shall be posted, the amount of any bond and all other conditions relative to such posting or to any waiver or exclusion from posting a bond,

(1) Designate an agent to act on behalf of the Division who shall, at all
times during any wrestling or boxing match, be the person present representing the State, and exercising Its regulatory powers over all persons involved with the match including the authority to veto the decisions of others for good cause; and the authority to halt any match or all matches in the Interest of the public health, safety or welfare.

(d) The Division of Professional Regulation, with the approval of the Secretary of Administrative Services, shall establish, for all commissions, boards and agencies and activities administered pursuant to this section, such appropriate fees as shall approximate and reasonably reflect all costs necessary to defray the expenses of each such Board or Commission, or of the Division on behalf of such Board or Commission. There shall be a separate fee charged for each service or activity. but no fee shall be charged for a purpose not specified in the appropriate chapter

of the Delaware Code. No application fee shall be combined with any other fee or

charge. At the beginning of each calendar year the Division of Professional

Regulation, or any other state agency acting in Its behalf, shall compute for each separate service or activity. the appropriate fees for each agency.

(d) The Division of Professional Regulation shall have the following powers, duties and functions relating to the administration of examinations for all boards, commissions and other agencies listed in this section:

(e) To designate, approve, arrange for and contract for an examination site, for each examination held by such agency;

(f) To deposit all fees received for testing into a special account to be used for the sole purpose of covering the costs of all agency examination, including test validation;

(g) To pay examination services and other expenses directly related to the administration of examinations;

(h) To review, approve and execute all contracts for examination services;

(i) Review and approve, subject to Sunset Committee review, the content and validity of any examination written, developed or used by a board or commission listed In this section; and

(j) Supervise the administration and proctoring of all tests for all boards and commissions.

(k) The Division of Professional Regulation shall establish a uniform policy for the reimbursement of expenses for members of all boards and commissions listed in

this section, which policy shall be set forth in the Division's rules and

regulations. In establishing this policy, the Director of Professional Regulation

may consider the limits of available appropriations and the need to allocate travel funds for board and commission representation at appropriate national or regional meetings of State professional regulatory boards. In addition to the rate of compensation established In the Delaware Code for each Board or Commission, each member of a Board or Commission listed in this Section may receive reimbursement or partial reimbursement for necessary expenses to attend meetings. Such expenses shall not exceed the mileage rate paid to State employees, per mile actually traveled, or the cost of public transportation and no more than $10 per meeting for all other miscellaneous expenses.

(l) The Division of Professional Regulation shall establish policies governing the appropriate times, locations, and notice for meetings and public hearings of all boards and commissions listed in this section so as to promote public

The Director of Professional Regulation shall insure that all regulatory actions taken by boards and commissions listed In this section are in conformance with the Administrative Procedures Act and the Freedom of Information Act. The Direcrtor shall review and approve all legal notices, public notices, and agendas for conformance with these requirements.

Approved July 15, 1988