Delaware Code Title 16 Sec. 98A-108 – Adverse actions
A. A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state.
Terms Used In Delaware Code Title 16 Sec. 98A-108
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
B. If an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.
1. All home state adverse action orders shall include a statement that the individual’s Compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.
2. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.
C. A member state shall report adverse actions and any occurrences that the individual’s Compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.
D. A remote state may take adverse action on an individual’s privilege to practice within that state.
E. Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing an adverse action.
F. A home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if the conduct had occurred within the home state. In these cases, the home state’s law controls in determining the appropriate adverse action.
G. Nothing in this Compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that participation remains confidential if required by the member state’s laws.
Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from the other member state.