§ 10161. State agencies affected.
(a) This chapter shall apply only to the following agencies:
(1) Alcoholic Beverage Control Commission;
(2) State Banking Commissioner;
(3) Public Service Commission;
(4) Real Estate Commission;
(5) State Human Relations Commission;
(6) Tax Appeal Board;
(7) State Insurance Commissioner;
(8) Industrial Accident Board;
(9) Environmental Appeals Board;
(10) Coastal Zone Industrial Control Board;
(11) State Board of Education;
(12) Merit Employee Relations Board;
(13) Division of Boiler Safety;
(14) Board of Veterinary Medicine;
(15) Board of Landscape Architecture;
(16) Board of Clinical Social Work Examiners;
(17) Board of Architects;
(18) Board of Podiatry;
(19) Board of Pilot Commissioners;
(20) Board of Chiropractic;
(21) State Board of Electrical Examiners;
(22) Board of Medical Practice;
(23) Council of the Delaware Association of Professional Engineers;
(24) Board of Occupational Therapy Practice;
(25) Division of Child Support Enforcement;
(26) Board of Mental Health and Chemical Dependency Professionals;
(27) Board of Dental Examiners;
(28) Board of Nursing;
(29) Board of Examiners in Optometry;
(30) Board of Examiners of Psychologists;
(31) Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers;
(32) Board of Professional Land Surveyors;
(33) Board of Accountancy;
(34) Board of Pharmacy;
(35) Board of Geologists;
(36) Board of Cosmetology and Barbering;
(37) Commission on Adult Entertainment Establishments;
(38) Board of Physical Therapy and Athletic Trainers;
(39) Real Estate Commission;
(40) Board of Funeral Services;
(41) Board of Examiners of Nursing Home Administrators;
(42) Delaware Gaming Control Board;
(43) Board of Massage and Bodywork;
(44) Committee of Dietetics/Nutrition;
(45) Council on Real Estate Appraisers.
(46) Child Placement Review Board;
(47) The Professional Standards Board;
(48) Election Commissioner;
(49) Board of Plumbing Examiners;
(50) Board of Athletic Agent Examiners;
(51) Manufactured Home Installation Board; and
(52) Division of Professional Regulation
(b) All agencies which are not listed in subsection (a) of this section shall only be subject to subchapters I and II of this chapter and §§ 10141, 10144 and 10145 of this title.
(c) Any professional licensing board governed by Title 24 and listed in subsection (a) of this section, upon notice, hearing and review afforded by subchapters III and V of this chapter, may issue a cease and desist order to a person that the Board determines is engaged in the practice of the profession regulated by the Board without having lawfully obtained a license or that a person previously licensed by the Board is engaged in the regulated practice of the profession notwithstanding that the person's license has lapsed, expired or has been suspended or revoked.
(d) The professional licensing boards named in subsection (c) of this section may establish fines for persons that violate cease and desist orders by statute or by regulation in accordance with subchapters I and II of this chapter. Subject to notice, hearing and review afforded by subchapters III and V of this chapter, such professional licensing boards may fine any person who violates a cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board's discretion.
(e) In addition to the remedies provided in subsections (c) and (d) of this section, professional licensing boards named in subsection (c) of this section may seek injunctive relief to prevent unauthorized practice of the profession.
(f) Nothing in this section shall be construed to prevent prosecution under, or be otherwise inconsistent with, Titles 11 and 24. (60 Del. Laws, c. 585, § 1; 62 Del. Laws, c. 301, § 2; 63 Del. Laws, c. 460, § 15; 63 Del. Laws, c. 461, § 18; 63 Del. Laws, c. 462, § 3; 64 Del. Laws, c. 1, § 2; 64 Del. Laws, c. 39, § 2; 64 Del. Laws, c. 161, § 1; 64 Del. Laws, c. 413, § 4; 64 Del. Laws, c. 476, § 9; 64 Del. Laws, c. 477, § 5; 64 Del. Laws, c. 483, § 2; 65 Del. Laws, c. 172, § 2; 65 Del. Laws, c. 228, § 7; 65 Del. Laws, c. 238, § 1; 65 Del. Laws, c. 378, § 6; 65 Del. Laws, c. 416, § 1; 66 Del. Laws, c. 105, § 10; 66 Del. Laws, c. 128, § 2; 67 Del. Laws, c. 144, § 9; 67 Del. Laws, c. 449, § 2; 68 Del. Laws, c. 297, § 1; 69 Del. Laws, c. 107, § 1; 69 Del. Laws, c. 306, § 3; 70 Del. Laws, c. 143, § 3; 70 Del. Laws, c. 582, §§ 3, 4; 71 Del. Laws, c. 185, § 3; 71 Del. Laws, c. 296, § 18; 71 Del. Laws, c. 298, § 4; 72 Del. Laws, c. 265, § 4; 72 Del. Laws, c. 294, § 54; 72 Del. Laws, c. 338, § 7; 72 Del. Laws, c. 418, §§ 3, 4; 72 Del. Laws, c. 486, § 23; 73 Del. Laws, c. 392, § 1; 75 Del. Laws, c. 105, §§ 6, 7; 75 Del. Laws, c. 365, §§ 5-11; 76 Del. Laws, c. 245, § 1; 76 Del. Laws, c. 413, § 4.)
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