CHAPTER 215

FORMERLY

SENATE BILL NO. 206

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

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

Section 1. Amend Title 29 Section 8807 of the Delaware Code by adding a new subsection (o) to read as follows:

“(o) Continuation of Licenses and Permits for Deployed Active Duty, Activated Reserve and National Guard Military Personnel.

(1) Notwithstanding any provision of Title 24 to the contrary, all licenses and permits issued by boards and commissions administered by the Division of Professional Regulation (“Division”) pursuant to §8807(a), shall not expire for a Qualifying Person as defined in subsection (6) herein, as follows:

a. For 180 days after the date the Qualifying Person returns from active deployment, if continuing education credits are not a requirement of the license or permit renewal; or

b. For 270 days after the date the Qualifying Person returns from active deployment, if continuing education credits are a requirement of a license or permit renewal.

(2) A Qualifying Person who held or holds a valid license or permit at the time of deployment, which license or permit does not require continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission, the required documentation and information necessary, as required by Title 24, for renewal of the same type of permit or license within 90 days after the Qualifying Person has returned from active deployment.

(3) A Qualifying Person who held or holds a valid license or permit at the time of deployment, which license or permit has continuing education requirements, who wishes to renew said license or permit, shall submit to the appropriate board or commission the required documentation, including proof of having met the continuing education requirements and information necessary, as required by Title 24, for the same type of permit or license, for renewal within 180 days after the Qualifying Person has returned from active deployment.

(4) A Qualifying Person selected for active deployment may apply for a license or permit expiration extension prior to deployment, as allowed by subsections (2) and (3) herein. Should a Qualifying Person hold a license or permit which would have expired during the Qualifying Person’s period of deployment, said Qualifying Person may apply to renew said license or permit as allowed by subsections (2) and (3) herein. The intent to extend or renew such permit or license shall be made by the Qualifying Person to the Division on a form stipulated by the Division, accompanied by a copy of official deployment documents, or other official verification acceptable to the Division.

(5) The protection from license or permit expiration provided under this subsection does not void or limit the obligations of the Qualifying Person to meet all requirements of licensure, as required in the section(s) of Title 24 applicable to the profession(s) for which the license or permit is sought.

(6) As used in this subsection ‘Qualifying Person’ means a member of the Active Duty Military, National Guard or the military reserve who is deployed by the President of the United States or the Governor of this State.”

Approved July 21, 2005