Terms Used In Delaware Code > Title 6 > Article 1 > Part 3 - Territorial Applicability and General Rules

• Active roster: shall mean the record of members, associate members, permittees and holders of a certificate of authorization. See Delaware Code Title 24 Sec. 2803
• Adjunct member: shall mean an adjunct member of the Association, as defined in § 2806(d) of this title. See Delaware Code Title 24 Sec. 2803
• Administrative order: means an order issued by an investigating committee, with the prior approval of the Council pursuant to § 2824(b)(1)g. See Delaware Code Title 24 Sec. 2803
• Adverse action: means : Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See Delaware Code Title 24 Sec. 3501A
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate member: shall mean an affiliate member of the Association, as defined in § 2806(c) of this title. See Delaware Code Title 24 Sec. 2803
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: shall mean a person who applies to become licensed as a professional engineer, applies to become certified as engineer intern, applies to become an adjunct member of the association, or applies for a certificate of authorization or permit. See Delaware Code Title 24 Sec. 2803
• Applicant: means an individual who applies to be licensed under this chapter. See Delaware Code Title 24 Sec. 2002
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate member: shall mean an associate member of the Association, as defined in § 2806(b) of this title. See Delaware Code Title 24 Sec. 2803
• Association: shall mean the Delaware Association of Professional Engineers. See Delaware Code Title 24 Sec. 2803
• Athletic injury: is a musculoskeletal or other acute, nonmusculoskeletal sports-related injury resulting from or limiting participation in or training for scholastic, recreational, professional or sanctioned amateur athletic activities. See Delaware Code Title 24 Sec. 2602
• Athletic trainer: means a person who is licensed by the State Examining Board of Physical Therapists and Athletic Trainers, to practice "athletic training" after meeting the requirements of this chapter and rules and regulations promulgated pursuant thereto. See Delaware Code Title 24 Sec. 2602
• Athletic training: means the prevention, evaluation, and treatment of athletic injuries by the utilization of therapeutic exercises and modalities such as heat, cold, light, air, water, sound, electricity, massage, and nonthrust mobilizations. See Delaware Code Title 24 Sec. 2602
• Authority to practice interjurisdictional telepsychology: means : a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
• Automated kiosk: means an interactive device that is permanently installed within a secure retail space and that has the following technological functions:

  a. See Delaware Code Title 24 Sec. 2301

• Bequest: Property gifted by will.
• Board: means the State Examining Board of Physical Therapists and Athletic Trainers which shall administer and enforce this chapter. See Delaware Code Title 24 Sec. 2602
• Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
• Bylaw: shall mean a bylaw of the Association. See Delaware Code Title 24 Sec. 2803
• Bylaws: means : those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to § 3509A of this title for its governance, or for directing and controlling its actions and conduct. See Delaware Code Title 24 Sec. 3501A
• Certificate of authorization: shall mean an authorization issued by the Council to engage in the practice of engineering. See Delaware Code Title 24 Sec. 2803
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commission: means : the national administration of which all compact states are members. See Delaware Code Title 24 Sec. 3501A
• Committee: shall mean a committee appointed by the Council. See Delaware Code Title 24 Sec. 2803
• Compact state: means : a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to § 3512A(c) of this title or been terminated pursuant to § 3511A(b) of this title. See Delaware Code Title 24 Sec. 3501A
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent order: means a voluntary agreement between parties attempting resolution of a complaint of a violation under § 2823 of this title or a complaint of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
• Consumer: means any person or buyer who purchases a "retail" product, as defined in paragraph (9) of this section, other than for further purposes of resale or processing. See Delaware Code Title 24 Sec. 2301
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuing professional competency: shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering. See Delaware Code Title 24 Sec. 2803
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: shall mean the Council of the Association. See Delaware Code Title 24 Sec. 2803
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means : any part of a day in which psychological work is performed. See Delaware Code Title 24 Sec. 3501A
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: shall mean the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 2301
• Director: shall mean the officer in charge of the Professional Licensing Section of the Division. See Delaware Code Title 24 Sec. 2301
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distant state: means : the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. See Delaware Code Title 24 Sec. 3501A
• Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 2602
• Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 2002
• Division: shall mean the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 2301
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Dry needling: means an intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying muscular tissue, connective tissues and myofascial trigger points for the management of neuromusculoskeletal pain and movement impairments; is based upon Western medical concepts; and requires a physical therapy examination and diagnosis. See Delaware Code Title 24 Sec. 2602
• E-Passport: means : a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. See Delaware Code Title 24 Sec. 3501A
• Engineer: shall mean a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by an engineering education, through graduation with a baccalaureate degree from a Council-approved 4-year educational program in engineering, in engineering technology or in science related to engineering, is qualified to begin the path to licensure. See Delaware Code Title 24 Sec. 2803
• Engineer intern: shall mean a person certified as an engineer intern by the Council. See Delaware Code Title 24 Sec. 2803
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Examination: shall mean any qualifying examination or examinations required by this chapter. See Delaware Code Title 24 Sec. 2803
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearing committee: means a committee of Council members to which the Council has delegated authority to adjudicate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Home state: means : a compact state where a psychologist is licensed to practice psychology. See Delaware Code Title 24 Sec. 3501A
• Identity history summary: means : a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See Delaware Code Title 24 Sec. 3501A
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investigating committee: means a committee of the Council to which the Council has delegated authority to investigate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title. See Delaware Code Title 24 Sec. 2803
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means : authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See Delaware Code Title 24 Sec. 3501A
• Licensed: means licensure as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 2803
• Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
• Licensee: shall mean a person licensed as a professional engineer under this chapter. See Delaware Code Title 24 Sec. 2803
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member: shall mean a member of the Association, as defined in § 2806(a) of this title. See Delaware Code Title 24 Sec. 2803
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupational therapist: means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words "occupational therapy" "occupational therapist" or any similar title or description of occupational therapy services. See Delaware Code Title 24 Sec. 2002
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See Delaware Code Title 24 Sec. 2002
• Occupational therapy services: includes any of the following:

  1. See Delaware Code Title 24 Sec. 2002

• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pawnbroker: means any person, company, corporation, or member or members of a partnership or firm who:

  a. See Delaware Code Title 24 Sec. 2301

• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person: means a corporation, company, association,or partnership, or an individual. See Delaware Code Title 24 Sec. 2002
• Personal property: All property that is not real property.
• Physical therapist: means a person who is licensed to practice physical therapy. See Delaware Code Title 24 Sec. 2602
• Physical therapist assistant: means a person who assists licensed physical therapists subject to this chapter and rules and regulations adopted pursuant thereto. See Delaware Code Title 24 Sec. 2602
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Practice of occupational therapy: means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. See Delaware Code Title 24 Sec. 2002
• Practice of physical therapy: means :

  1. See Delaware Code Title 24 Sec. 2602

• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional engineer: shall mean a person who has been duly licensed as a professional engineer by the Council. See Delaware Code Title 24 Sec. 2803
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means : an individual licensed for the independent practice of psychology. See Delaware Code Title 24 Sec. 3501A
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Receiving state: means : a compact state where the client/patient is physically located when the telepsychological services are delivered. See Delaware Code Title 24 Sec. 3501A
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Responsible charge: means a professional engineer's supervision of, control over, and possession of detailed professional knowledge of an engineering work. See Delaware Code Title 24 Sec. 2803
• Retail: means the sale or purchase for final consumption in contrast to a sale for further sale or processing, or a sale to the final consumer, rather than a sale to a retailer or one who intends to resell. See Delaware Code Title 24 Sec. 2301
• Retired member: shall mean a person who has elected to claim retired status as defined in § 2806(g) of this title. See Delaware Code Title 24 Sec. 2803
• Rule: means : a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to § 3510A of this title that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule. See Delaware Code Title 24 Sec. 3501A
• Scrap metal processor: means any person, company, corporation, or member or members of a partnership or firm engaged in the business of selling or receiving any worn out or discarded metal, old iron, used plumbing fixtures, other metals, automobiles, automobile parts, chain, copper, lead, brass, or other parts of machinery. See Delaware Code Title 24 Sec. 2301
• secondhand dealer: includes any individual engaged in the business of receiving tangible personal property by means of an automated kiosk. See Delaware Code Title 24 Sec. 2301
• Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 2301
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant investigatory information: means either of the following:

  a. See Delaware Code Title 24 Sec. 3501A

• 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
• State: means the State of Delaware. See Delaware Code Title 24 Sec. 2602
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• State: means : a state, commonwealth, territory, or possession of the United States, the District of Columbia. See Delaware Code Title 24 Sec. 3501A
• State psychology regulatory authority: means : the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology. See Delaware Code Title 24 Sec. 3501A
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantially related: means the nature of the 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 physical therapy or athletic training. See Delaware Code Title 24 Sec. 2602
• Substantially related: means the nature of the criminal conduct for which a 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 occupational therapy. See Delaware Code Title 24 Sec. 2002
• Substantially related: shall mean the nature of the 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 engineering. See Delaware Code Title 24 Sec. 2803
• Superintendent: shall mean the Superintendent of the Division. See Delaware Code Title 24 Sec. 2301
• Supervision: means the interactive process between a licensed occupational therapist and an occupational therapy assistant, and requires more than a paper review or cosignature. See Delaware Code Title 24 Sec. 2002
• Telepsychology: means : the provision of psychological services using telecommunication technologies. See Delaware Code Title 24 Sec. 3501A
• Temporary authorization to practice: means : a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• to practice engineering: includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public. See Delaware Code Title 24 Sec. 2803
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302