HB 404 — AN ACT TO AMEND TITLES 24 AND 29 OF THE DELAWARE CODE RELATING TO PROFESSIONAL LICENSING.

(5) An individual convicted of an offense that has been identified by a licensing board as being substantially related to the practice of an occupation or profession may at any time prior to applying for a license, petition the Division of Professional Regulation, in a form prescribed by the Division, for an official determination as to whether the individual’s criminal conviction will prevent the individual from receiving a license.

The petition must list each of the specific offenses for which the individual was convicted and may include evidence relevant to each of the factors described in paragraph (x)(3) of this section, including personal references or testimonials.

(6) Before the Division or a licensing board makes a final determination that a criminal conviction will prevent an individual from receiving a license, or denies a license application, the board must provide the individual with written notice containing all of the following:

a.

Instructions for the applicant or individual seeking a determination to submit evidence in rebuttal that the licensing board will consider before issuing ana officialfinal determination.

(7) IfFor apurposes licensing board makes an official determination under paragraph (x)(5) of this sectionsubsection that“licensing aboard” criminalincludes convictiona willCommission, notCouncil, preventor anany individualother fromentity receivingwith aauthority license,over the licensing boardprocedures must inform the individual in writingTitle and24 thisthat determinationare willnot bespecifically bindingexcluded onunder theparagraph licensing(x)(1) board at the time of thethis individual’ssection. licensure application, so long as there has been no substantial change in circumstances.

IfSection a3. licensing board makes an official determination under paragraph (x)(5) of this section that a criminal conviction may prevent an individual from receiving a license, the individual’s licensure application may not be denied until after a hearing, conducted pursuant to Chapter 101, of Title 29, at which time the entirety of the application will be considered.

(8)Amend ForChapter purposes1, ofTitle this24 subsectionof “licensingthe board”Delaware includesCode aby Commission,making Council,deletions oras anyshown otherby entitystrike withthrough authorityand overinsertions theas licensingshown proceduresby inunderline Titleas 24follows: that are not specifically excluded under paragraph (x)(1) of this section.”.

FURTHERHD AMEND: House Bill No.

404KL by: deleting lines 53 through 59 and inserting in lieu thereof the following:

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(b) (1) The applicant has not been convicted of a crime that is substantially related to the practice of accountancy;

however, if after consideration of the factors set forth under §§8735(x)(3) 8735(x)(3) of Title 29, through a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this subsection, if it finds all of the following:

documentation, the Board HDdetermines :that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection.

(1) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

(2) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

(3) The applicant is capable of practicing accountancy in a competent and professional manner.

(4) The granting of the waiver will not endanger the public health, safety or welfare;

§ 110.

Requirements for permits to practice public accountancy.

(c) An applicant for initial issuance of a permit under this section shall show that the applicant:

must show all of the following:

(1) Has The applicant has not been convicted of a crime that is substantially related to the practice of accountancy;

if however, after consideration of the factors set forth under §8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that the granting of a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this waive this paragraph (c)(1);

accountancy;

however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(1) of this section, if it finds all of the following:

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

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06/13/202205/05/2022 11:5310:58 AM determines83 thatb. granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection.

(2)For Notwithstandingwaiver of a misdemeanor conviction or violation, at the limitationtime of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in §substantial 8735(x)(4)d.compliance with all court orders pertaining to fines, restitution and community service.

ofc. Title 29, the Board may consider convictions for financial sector crimes such as bribery, embezzlement, identity theft, racketeering, money laundering, terrorist financing, fraud (including fraudulent financial reporting) and tax evasion regardless of the time that has passed since conviction.”.

SYNOPSISThe Thisapplicant amendment clarifies that a pre-application determination that a criminal history would not prevent an individual from receiving a license is bindingcapable on the licensing board at the time of applicationpracticing soaccountancy long as there is no other substantial change in circumstances,a suchcompetent asand anprofessional interveningmanner. new conviction.

Ifd. the Division or licensing board determines in the pre-application proceedings that an individual might not be eligible for a license because of their criminal history, the person is still entitled to a full hearing on the matter at the time of application, in accordance with the Administrative Procedures Act.

ThisThe amendmentgranting allowsof the Boardwaiver ofwill Accountancynot toendanger consider convictions for financial crimes regardless of the timepublic thathealth, hassafety passedor sincewelfare; conviction.

ThisSection is4. in line with the requirements for the interstate compact relating to accountancy licensure.

Amend Chapter 2, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 206.

Qualifications of applicant;

report to Attorney General;

judicial review.

(c) An applicant shall may not have been convicted of a crime that is substantially related to the practice of landscape architecture;

if however, after considering the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection (c).

architecture;

however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this subsection, if it finds all of the following:

(1) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

(2) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

(3) The applicant is capable of practicing landscape architecture in a competent and professional manner.

(4) The granting of the waiver will not endanger the public health, safety, or welfare.

Section 5.

Amend Chapter 3, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 307.

Application procedures.

(c) The Board may refuse or reject an applicant if, after a hearing, the Board finds that the applicant has:

(1) Been convicted of committing a crime that is substantially related to the practice of architecture;

however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(1), if it finds all of the HD :

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architecture;

if however, after considering the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(1);

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing architecture in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare;

Section 6.

Amend Chapter 5, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 508.

Qualifications of applicant;

report to Attorney General;

judicial review.

(a) An applicant who is applying for licensure as a podiatrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(6) Shall Does not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which offense that is substantially relate related to the practice of podiatry.

Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of podiatry.

Board.

After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:

If after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6).

A waiver may not be granted for a conviction of a felony sexual offense.

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or HD :

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05/05/2022 10:58 AM serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing podiatry in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare.

(8) Notwithstanding the time limitation in § 8735(x)(4) of Title 29, Has has not been convicted of a felony sexual offense.

(9) Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

c.

An applicant may not be licensed to practice podiatric medicine until the applicant’s criminal history reports have been produced.

An applicant whose record shows a prior criminal conviction that is substantially related to the practice of podiatry may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section.

Section 7.

Amend Chapter 7, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 701.

Chiropractic defined;

limitation of chiropractic license.

(a) As used in this chapter:

(4) “Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of chiropractic.

§ 707.

Qualifications of applicant;

report to Attorney General;

judicial review.

(a) An applicant who is applying for licensure as a doctor of chiropractic under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(5) Shall Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is offense, the circumstances of which substantially related to the practice of chiropractic.

If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5).

Applicants who have criminal conviction records or pending HD :

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05/05/2022 10:58 AM criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board;

Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of chiropractic.

“Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of chiropractic.

After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(5), if it finds all of the following:

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing chiropractic in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare;

(6) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, Has has not been convicted of a felony sexual offense;

(7) Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

c.

An applicant may not be licensed to practice chiropractic until the applicant’s criminal history reports have been produced.

An applicant whose record shows a prior criminal conviction related to the practice of chiropractic may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(5) of this section.

§ 711.

Grounds for discipline;

procedure;

sanctions.

(b) Unprofessional conduct is hereby defined as any of the following acts:

(2) Conviction of a crime that is substantially related to the practice of chiropractic.

“Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to chiropractic;

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06/13/202205/05/2022 11:5310:58 AM 2141510750Section 8.

Amend Chapter 11, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1122.

Qualifications of applicant;

report to Attorney General;

judicial review.

(c) All applicants shall have complied with the following conditions:

(4) Shall Does not have a criminal conviction for a crime substantially related to the practice of dentistry or dental hygiene.

After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(4), if it finds all of the following:

the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(4).

No waiver may be granted for a conviction of a felony sexual offense.

A conviction for a felony sexual offense shall be considered, notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29.

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing dentistry or dental hygiene in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare.

e.

The applicant has not been convicted of a felony sexual offense.

(6) Submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

c.

An applicant may not be certified to practice dentistry or dental hygiene until the applicant’s criminal history reports have been produced.

An applicant whose record shows a prior criminal conviction related to the practice of dentistry or dental hygiene may not be certified by the Board unless a waiver is granted pursuant to paragraphs (c)(4)a., b.

and c.

paragraph (c)(4) of this section;

section.

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Amend Chapter 14, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1408.

Qualifications of applicant [For application of this section, see 81 Del.

Laws, c.

290, § 5].

(a) An applicant, who is applying for licensure as an electrician under this chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(11) Does not have a criminal conviction record, relating to an offense, the circumstances of which substantially relate record for an offense substantially related to providing electrical services.

Applicants who have criminal conviction records shall request appropriate authorities to provide information about the record directly to the Board in sufficient specificity to enable the Board to make a determination whether the charge is substantially related to providing electrical services.

Board.

In determining whether a crime is substantially related to the professions regulated by this chapter, the Board may not consider a conviction where more than 10 years have elapsed since the date of the conviction, if there have been no other criminal convictions in the intervening time.

After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or, during the time between meetings, the Board President or the President’s designee, may waive this paragraph (a)(11), if it finds all of the following:

If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(11).

No waiver may be granted for a conviction of a felony sexual offense.

a.

For waiver of a felony conviction, where the crime was committed against a person, more than 3 years have elapsed since the date of the conviction and, for all other felonies, more than 2 years have elapsed since the date of conviction.

At the time of the application the applicant may not be incarcerated, on work release, or on probation or parole at Level III supervision or higher and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, or on probation or parole at Level III supervision or higher and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

c.

The applicant is capable of practicing electrical services in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety, or welfare.

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05/05/2022 10:58 AM (13) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, Has has not been convicted of a felony sexual offense.

Section 10.

Amend Chapter 16, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1617.

Grounds for refusal to issue a license;

suspension;

revocation.

(a) The Commission shall refuse to issue a license to any applicant, and shall revoke any license for the operation of an adult entertainment establishment or adult-oriented retail establishment, for any of the following reasons:

(3) A conviction of the licensee for any of the following offenses, including conspiracy to commit any of the following offenses:

for any of the following offenses, which are deemed to be substantially related to the operation of adult bookstores and adult entertainment establishments:

Lewdness, lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction;

(4) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee or of a partner associated with the licensee for any of the following offenses, including conspiracy to commit any of the following offenses:

offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments:

Lewdness, lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction, occurring on the licensed premises;

or (5) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee, or of a partner associated with the licensee, for any of the following offenses, including conspiracy to commit any of the following offenses:

offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments:

Lewdness, lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other jurisdiction, not occurring on licensed premises, where said director, officer, principal stockholder, manager, procurer, employee or independent contractor, at the time of the conduct constituting the offense, was off the premises at the request or direction or pursuant to the authority of the licensee for the purpose of furthering the business of the licensee.

(d) A waiver shall be granted, after application in a form prescribed by the Commission, of paragraphs (a)(3), (4), and (5) of this section if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Commission determines that granting a waiver would not create an unreasonable risk to public safety.

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05/05/2022 10:58 AM Section 11.

Amend Chapter 17, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1720.

Certification requirements to practice medicine.

(b) To receive a certificate to practice medicine in this State, an applicant for a certificate must:

(4) Submit to the Board a sworn or affirmed statement that the applicant:

a.

Has not been convicted of or has not admitted under oath to having committed a crime substantially related to the practice of medicine;

medicine, provided however, that a waiver may be available pursuant to subsection (e) of this section;

b.

Has not been professionally penalized for or convicted of drug addiction;

(6) Submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

c.

An applicant may not be certified to practice medicine until the applicant’s criminal history reports have been produced.

An applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of medicine, may not be certified by the Board unless a waiver is granted pursuant to subsection (e) of this section.

The State Bureau of Identification may release any subsequent criminal history to the Board.

(e) The Board, by the affirmative vote of 9 of its members, may waive any of the requirements of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing medicine in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a felony criminal conviction other than a conviction of a felony sexual offense, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service, although waiver shall offense, the Board shall grant a waiver if it determines, after consideration of the factors set forth in § 8735(x)(3) of Title 29, that granting a waiver would not create an unreasonable risk to public safety.

A waiver may not be granted to any person who is convicted of a felony sexual offense;

and offense.

The time limitation set forth in § 8735(x)(4) of Title 29 does not apply to a felony sexual offense.

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05/05/2022 10:58 AM (5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

§ 1777.

Licensure.

(a) The requirements for licensure by the Board as a respiratory care practitioner are:

(5) The applicant may not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of respiratory care.

“Substantially related” means that the nature of the criminal conduct for which the person was convicted or to which the person admitted under oath has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of respiratory care.

The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of respiratory care;

(6) The applicant may not have a criminal conviction record or a pending criminal charge relating to an offense, the circumstances of which substantially relate for a crime that is substantially related to or affect the practice of respiratory care.

An applicant who has a criminal conviction record or a pending criminal charge must arrange for information about the record or charge to be provided directly to the Board by the appropriate authorities in sufficient specificity to enable the Board to make a determination of whether the record or charge is substantially related to or affects the practice of respiratory care.

authorities.

(b) Waiver of requirements.

— The Respiratory Care Advisory Council, by the affirmative vote of 5 of its members and with the approval of the Board within 30 days of the vote, may waive any of the requirements of subsection (a) of this section if its it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing respiratory care in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;

and if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall grant a waiver of paragraphs (a)(5) and (6) of this section.

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05/05/2022 10:58 AM (5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

[Repealed.] § 1798.

Licensure.

(a) All applicants must meet the following requirements for licensure by the Board as an acupuncture and eastern medicine practitioner:

(6) The applicant may not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of acupuncture.

“Substantially related” means that the nature of the criminal conduct for which the person was convicted or to which the person admitted under oath has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of acupuncture.

The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of acupuncture;

(b) All applicants must meet the following requirements for licensure by the Board as an acupuncture practitioner:

(6) The applicant may not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of acupuncture.

“Substantially related” means that the nature of the criminal conduct for which the person was convicted or to which the person admitted under oath has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of acupuncture.

The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of acupuncture;

(c) Waiver of requirements.

— The Acupuncture Advisory Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive any of the requirements of subsection (a) of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing acupuncture in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;

and if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council HD :

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05/05/2022 10:58 AM determines that granting a waiver would not create an unreasonable risk to public safety, the Council shall waive paragraph (a)(6) and (b)(6) of this section.

(5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

[Repealed.] § 1799J.

Licensure.

(b) The Board may refuse or reject an applicant, if after hearing, the Board finds that:

(2) The applicant has been convicted of a crime substantially related to the practice of genetic counseling as determined by the Board of Medical Licensure and Discipline in its rules and regulations.

(c) Waiver of requirements.

— The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive any of the requirements of subsection (b) of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing as a genetic counselor in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;

and if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council determines that granting a waiver would not create an unreasonable risk to public safety, the Council shall waive paragraph (b)(2) of this section.

(5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

[Repealed.] § 1799X.

Licensure.

(f) The Board may refuse or reject an applicant, if after hearing, the Board finds that:

(2) The applicant has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations.

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05/05/2022 10:58 AM (g) Waiver of requirements.

— The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive the requirements of paragraph (f)(2) of this section if it finds all of the following by clear and convincing evidence:

shall waive the requirements of paragraph (f)(2) of this section if it finds, after consideration of the factors set forth in § 8735(x)(3) of Title 29, that a waiver would not create an unreasonable risk to public safety.

(1) The applicant’s education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing as a polysomnographer in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

and (4) For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;

(5) For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

§ 1799II.

Licensure.

(a) To be eligible for licensure by the Board as a certified professional midwife, an applicant shall:

(4) Shall not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of midwifery or any felony or violent misdemeanor or crime involving dishonesty;

midwifery.

(7) Shall not have been convicted Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, may not have a conviction of a felony sexual offense;

and (b) To be eligible for licensure by the Board as a certified midwife, an applicant shall:

(4) Shall not Not have been convicted of or shall not have admitted under oath to having committed a crime substantially related to the practice of midwifery or any felony or violent misdemeanor or crime involving dishonesty;

midwifery.

(7) Shall not have been convicted Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, may not have a conviction of a felony sexual offense;

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05/05/2022 10:58 AM (c) The Council may waive the requirements of paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) of this section if its finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing midwifery in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a misdemeanor conviction or violation, and for waiver of a felony for the practice of unlicensed midwifery after June 30, 2016, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council determines that granting a waiver would not create an unreasonable risk to public safety, the Coucil shall grant a waiver.

(5) For waiver of any other felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service;

and [Repealed.] (f) An applicant for licensure to practice midwifery shall submit a certified criminal background check pursuant to § 1720(b)(6) of this title.

An applicant may not be certified until the applicant’s criminal history reports have been produced.

An applicant whose record shows a disqualifying prior criminal conviction that is substantially related to the practice of midwifery pursuant to paragraphs (a)(4) or (7) of this section or paragraphs (b)(4) or (7) of this section may not be certified by the Board unless a waiver is granted pursuant to subsection (c) of this section.

The State Bureau of Identification may release any subsequent criminal history to the Board and Council.

Section 12.

Amend Chapter 18, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1808.

Qualifications of applicant.

(a) An applicant for licensure as a master plumber shall submit evidence, satisfactory to the Board, and verified by oath or affirmation, that the applicant:

(5) Does not have any disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or is currently authorized to provide plumbing services;

or have a criminal conviction record relating to an incident, the circumstances of which substantially relate for a crime that is HD :

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05/05/2022 10:58 AM substantially related to providing plumbing services.

An applicant who has such a criminal conviction record must request appropriate authorities provide information about the record directly to the Board in sufficient specificity to enable the Board to make a determination of whether the record is substantially related to providing plumbing services.

In determining whether a crime is substantially related to the professions regulated by this chapter, the Board may not consider a conviction where more than 10 years have elapsed since the date of the conviction, if there have been no other criminal convictions in the intervening time.

After a hearing or review of documentation that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, may waive this paragraph (a)(5) herein if it finds all of the following:

shall waive this paragraph (a)(5) as it applies to a criminal conviction if it finds after consideration of the factors set forth in § 8735(x)(3) of Title 29 that the granting such a waiver does not create an unreasonable risk to public safety.

a.

For waiver of a felony conviction, where the crime was committed against a person, more than 3 years have passed since the date of the conviction and for all other felonies, more than 2 years have elapsed since the date of conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, or on parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing plumbing services in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare.

(6) Has not been convicted of Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, does not have a conviction of a felony sexual offense.

§ 1814.

Grounds for discipline or other remediation.

(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1815 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:

(3) Been convicted of an offense, the circumstances of which substantially relate offense that is substantially related to providing plumbing services.

A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;

§ 1821.

Qualifications of applicant — Heating, ventilation, air conditioning, and refrigeration.

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05/05/2022 10:58 AM (a) An applicant for licensure as a master HVACR licensee, or master HVACR restricted licensee, must submit evidence, satisfactory to the Board and verified by oath or affirmation, that the applicant:

(7) Does not have a criminal conviction record relating to an incident, the circumstances of which substantially relate for a crime that is substantially related to providing HVACR or HVACR restricted services.

An applicant who has such a criminal conviction record must request appropriate authorities provide information about the record directly to the Board in sufficient specificity to enable the Board to make a determination of whether the record is substantially related to providing HVACR or HVACR services.

In determining whether a crime is substantially related to the professions regulated by this chapter, the Board may not consider a conviction where more than 10 years have elapsed since the date of the conviction, if there have been no other criminal convictions in the intervening time.

After a hearing or review of documentation that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, may waive this paragraph (a)(7) herein if it finds all of the following:

designee, shall waive this paragraph (a)(7) if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, Board President, or the Board President’s designee determines that the granting of a waiver would not create an unreasonable risk to public safety.

a.

For waiver of a felony conviction, where the crime was committed against a person, more than 3 years have passed since the date of the conviction and for all other felonies, more than 2 years have elapsed since the date of conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, or on parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing plumbing services in a competent and professional manner.

d.

The granting of the waiver will not endanger the public health, safety or welfare.

(8) Has Notwithstanding the time limitation set forth in § 8735(x)(4), has not been convicted of a felony sexual offense.

§ 1827.

Grounds for discipline or other remediation.

(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1828 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:

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05/05/2022 10:58 AM (3) Been convicted of an offense, the circumstances of which substantially relate offense that is substantially related to providing HVACR or HVACR restricted services.

A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;

Section 13.

Amend Chapter 19, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1910.

Qualifications for registered nurse.

An applicant for a license to practice as a registered nurse shall submit to the Board written evidence, verified by oath, that the applicant:

(5) Has committed no acts which are grounds for disciplinary action as set forth in § 1922(a) of this title;

however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum may waive § 1922(a)(2) of this title if it finds all of the following:

the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title.

A waiver may not be granted for a conviction of a felony sexual offense;

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

c.

The applicant is capable of practicing nursing in a competent and professional manner.

d.

The granting of a waiver will not endanger the public health, safety, or welfare.

e.

The applicant has not been convicted of a felony sexual offense;

§ 1914.

Qualifications for licensed practical nurse.

An applicant for a license to practice as a licensed practical nurse shall submit to the Board written evidence, verified by oath, that such applicant:

(5) Has committed no acts which are grounds for disciplinary action as set forth in § 1922(a) of this title;

however, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a HD :

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05/05/2022 10:58 AM waiver, the Board, by an affirmative vote of a majority of the quorum may waive § 1922(a) of this title if it finds all of the following:

after a hearing or review of documentation, the Board, by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title if, after considering the factors set forth in § 8735(x)(3) of Title 29, that the granting of a waiver would not create an unreasonable risk to public safety.

A waiver may not be granted for a conviction of a felony sexual offense and a felony sexual offense shall be considered by the Board notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29.

a.

For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

c.

The applicant is capable of practicing nursing in a competent and professional manner.

d.

The granting of a waiver will not endanger the public health, safety, or welfare.

e.

The applicant has not been convicted of a felony sexual offense;

Section 14.

Amend Chapter 20, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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, that the applicant meets all of the following qualifications: