DEPARTMENT OF STATE

Division of Professional Regulation

5200 Board of Examiners of Nursing Home Administrators

1.0 Source of Authority: 24 Del.C. Ch. 52

1.1 The Rules and Regulations herein contained constitute, comprise, and shall be known as the Rules and Regulations of the Board of Examiners of Nursing Home Administrators of the State of Delaware, and are hereby promulgated, pursuant to the authority granted to and imposed upon the said Board under and pursuant to the provisions of the State Licensing Statute, 24 Del.C. Ch. 52.

2.0 General Definitions

Whenever used in these Rules and Regulations unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated.

The term Board means the Delaware State Board of Examiners of Nursing Home Administrators.

Direct Supervision shall mean oversight on the premises by the licensed nursing home administrator serving as preceptor. The licensed nursing home administrator shall be responsible and available to provide direction, observation, aid, training and instruction to the administrator-in-training, including the submission of progress reports. It is an interactive process between the preceptor and the AIT intended to insure the extent, quality and scope of experience of the duties performed as a nursing home administrator.

The term Nursing Home means any institution, building or agency in which accommodation is maintained, furnished or offered for any fee, gift, compensation or reward, for the care of more than four aged, infirm, chronically ill or convalescent persons, that is duly licensed by the State Division of Public Health.

The term Nursing Home Administrator means the individual responsible for planning, organizing, directing and controlling the operation of a nursing home, or who in fact performs such functions, whether or not such functions are shared by one or more other persons, and who is duly licensed by the Board.

The term Nursing Home Administrator-In-Training means an individual registered as such with the Board, under direct supervision of a currently licensed Delaware Nursing Home Administrator in the Sponsoring Facility (Spons), and/or Skilled Nursing Facility (SNF), and/or Assisted Living Facility (AL).

The term Person means an individual and does not include the terms: firm, corporation, association, partnership, institution, public body, joint stock association or any other group of individuals.

The term Practice of Nursing Home Administration means the performance of any act or the making of any decision involved in the planning, organizing, directing and/or controlling of a nursing home.

Term Preceptor means an individual who currently has a Delaware Nursing Home Administrator license and is employed in a Skilled Nursing Facility (SNF) or Assisted Living Facility (ALF).

3 DE Reg. 1060 (2/1/00)

3.0 Board Meetings

3.1 The Board may meet at least every other month, with location and dates set by the President, in accordance with the Freedom of Information Act.

3.2 The President, or other presiding officer of the Board, may call special meetings of the Board when necessary, upon a minimum of 24 hours notice.

4.0 General Powers

4.1 The Board shall exercise such powers as provided by the Laws of this State pertaining to the licensing and registration of Nursing Home Administrators. A majority of the Board shall constitute a quorum and no action shall be taken without the affirmative vote of five members of the Board.

4.2 The Board may seek counsel and advice from appropriate State Agencies, as needed.

4.3 From time to time, the Board shall make and publish such Rules and Regulations, not inconsistent with the Law, as it may deem necessary and proper for the execution and enforcement of the Law and Rules and Regulations governing the licensing and registration of Nursing Home Administrators.

4.4 The Board shall exercise quasi-judicial powers, not inconsistent with the law.

5.0 Officers and Duties

5.1 The Board shall elect annually from its membership a President, Vice President, and Secretary.

5.2 The President shall preside at all meetings of the Board and shall sign all official documents of the Board. In the absence of the President, the Vice President shall preside at meetings and perform all duties usually performed by the President.

6.0 Scheduling of Examinations and Re-Examinations

Examinations will be administered on the second Thursday of January, April, July and October of each year in Dover.

7.0 Pre-Examination Requirements; Conditions Precedent

7.1 The Board shall admit to examination for licensure as a Nursing Home Administrator, any candidate who meets the qualifications or demonstrates to the satisfaction of the Board that within 30 days after the examination he/she will meet the following standards:

7.1.1 Is at least 18 years of age.

7.1.2 Shall meet the requirements of either 7.1.2.1, 7.1.2.2, or 7.1.2.3 as set forth below:

7.1.2.1 Possesses a baccalaureate or graduate degree in Health & Human Services, Hospital Administration or Business Administration, and

7.1.2.1.1 has three months experience as a Nursing Home Administrator, or

7.1.2.1.2 has successfully completed six months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant’s Preceptor(s) (this program will include all subjects as listed in Rule 10, Content of the Administrator-In-Training Program), or

7.1.2.1.3 has demonstrated administrative experience as the Board deems sufficient.

7.1.2.2 Possesses a baccalaureate or graduate degree in a specialty other than Health & Human Services, Hospital Administration or Business Administration, and

7.1.2.2.1 has six months experience as a Nursing Home Administrator, or

7.1.2.2.2 has successfully completed nine months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant’s Preceptor(s) (this program will include all subjects as listed in Rule 10, Content of the Administrator-In-Training Program), or

7.1.2.2.3 has demonstrated administrative experience as the Board deems sufficient.

7.1.2.3 Possesses an associate degree or a current Delaware license as a Registered Nurse, and

7.1.2.3.1 has twelve months experience as a Nursing Home Administrator, or

7.1.2.3.2 has successfully completed twelve months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant’s Preceptor(s) (this program will include all subjects as listed in Rule 10.0, Content of the Administrator-In-Training Program), or

7.1.2.3.3 has demonstrated administrative experience as the Board deems sufficient to satisfy this requirement.

7.1.3 In addition to the degree requirements listed in Rule 7.0:

7.1.3.1 has completed a course of study administered by an accredited educational institution, provided that both the course of study and the educational institution has been pre-approved by the Board as providing adequate academic preparation for nursing home administration, or

7.1.3.2 has demonstrated comprehensive experience and education which the Board deems sufficient to satisfy this requirement.

9 DE Reg. 1986 (06/01/06)

8.0 Application for Examination

8.1 An applicant for examination and qualification for a license as a Nursing Home Administrator shall make application in writing, on forms provided by the Board, and shall furnish evidence satisfactory to the Board that he/she has met the pre-examination requirements as provided for in the State Licensing Statutes and Rule 7.0 of these Rules and Regulations.

8.2 To establish suitability and fitness to qualify for a license as a Nursing Home Administrator, as required by the State Licensing Statute, prior to being submitted to examination for licensure as a Nursing Home Administrator, the applicant shall furnish evidence satisfactory to the Board of ability to perform the essential functions of a licensed Nursing Home Administrator.

Some examples of essential functions of a Nursing Home Administrator are:

8.2.1 Ability to demonstrate understanding and communicate general and technical information necessary to the administration and operation of a nursing home with or without reasonable accommodation i.e., applicable health and safety regulations, and

8.2.2 Ability to assume responsibilities for the administration of a nursing home as evidenced by prior accredited activities and evaluation of prior services and evidence secured by the Board, and

8.2.3 Ability to relate the physical, psychological, spiritual, emotional and social needs of ill and/or aged individuals to the administration of a nursing home and to create the compassionate climate necessary to meet the needs of the patients therein with or without reasonable accommodation, and

8.2.4 Thorough knowledge and demonstrated understanding of the subjects as incorporated in the list of 10.0.

8.3 The basic requirements for suitability set forth herein are to be considered minimal and may not be waived.

9.0 Conditional Admission to Examination; Disqualification; Re-Examination

9.1 An applicant for examination who has been disqualified shall be given written notification by certified mail of his/her disqualification and the reason therefore and the applicant’s right to a hearing.

9.2 All proceedings shall be conducted according to the Administrative Procedures Act.

9.3 Where an applicant for examination has been disqualified, he/she may submit a new application for qualification for examination provided, however, that he/she shall be required to meet the requirements for licensing as shall be in force at the time of such reapplication.

10.0 Content of the Administrator-In-Training Program

10.1 Every Administrator-In-Training (AIT) program shall be approved by the Board and shall be conducted under the direct supervision of the Pre-Approved Preceptor(s), the start date for which shall be the date of the Board’s notification of preceptor(s) approval and must be completed within the allotted time (an extension may be granted upon request by either the applicant or preceptor(s) for bonafide reason(s).)

10.2 So as to encourage entry to qualified Nursing Home Administrator candidates, the following AIT program (see Addendum A attached) is split between a skilled nursing facility (SNF) and an assisted living facility (AL) and the sponsoring facility (Spons), so called because it is generally the applicant’s employer and could be either SNF or AL. If the Spons is SNF, the Board will require at least 5% of the program be completed in an AL; if the Spons is AL, the Board will require at least 10% of the program be completed in a SNF, with the training for each subject of the program to be conducted in the facility identified by an “x” under the appropriate columnar heading. Since the AIT program is split between a SNF and an AL, each AIT Trainee will require a preceptor for each type of facility.

11.0 Grading Examinations

11.1 Every candidate for a Nursing Home Administrator’s license shall be required to pass the National Association of Boards examination (NAB).

11.2 In the event the national examination is failed, the applicant will be notified by the Administrative Assistant. The applicant for licensure will be permitted to retake the examination a maximum of two additional times. The fee for the examination will be set by Division of Professional Regulation. The first makeup examination must be taken within three months and the second, if necessary, within the following six month period. If an applicant must take the exam for a third time, it will be necessary for the applicant, prior to taking the third examination, to spend 40 hours working in a skilled care facility, previously approved by the Board, under a Delaware licensed administrator.

A passing score of seventy five percent (75%) will be required on the examination. Passing grade will:

National scale-113 correct out of 150

12.0 Approval of Programs of Study for Licensure of a Nursing Home Administrator

Any program of study offered by an Educational Institute for the purpose of qualifying applicants for Nursing Home Administrator licensure and/or re-licensure shall be subject to the approval of the Board.

13.0 Programs for Continuing Education Credits

13.1 Continuing education programs consisting of Board approved seminars, resident or extension courses, conferences and workshops totaling 48 classroom hours or more, on any of the subject areas enumerated in 13.2 below, are required for biennial licensure of a license as a Nursing Home Administrator. A maximum of 24 additional credit hours may be carried forward into the next licensure period, however, they must be earned within the last nine months of the preceding licensure period. The following are requirements for license renewal:

13.1.1 For licenses initially authorized during the first six months of the biennial period, 36 credit hours will be required for renewal.

13.1.2 For licenses initially authorized during the second six months of the biennial period, 24 credit hours will be required for renewal.

13.1.3 For licenses initially authorized during the third six months of the biennial period, 12 credit hours will be required for renewal.

13.1.4 For licenses initially authorized during the fourth six months of the biennial period, no credit hours will be required for renewal.

13.1.5 When continuing education units are not met, there will be no extensions, absent showing hardship.

13.2 Content of programs of continuing education shall include one or more of the following general subject areas or their equivalents:

13.2.1 Applicable standards of environmental health and safety,

13.2.2 Local health and safety regulations,

13.2.3 General Administration,

13.2.4 Psychology of patient care,

13.2.5 Principles of medical care,

13.2.6 Personal and social care,

13.2.7 Therapeutic and supportive care and services in long-term care,

13.2.8 Department organization and management,

13.2.9 Community interrelationships, and,

13.2.10 Business or financial management.

13.3 Programs of continuing education:

13.3.1 Those conducted solely by accredited educational institutions.

13.3.2 Those conducted jointly by educational institutions and associations, professional societies or organizations other than accredited colleges or universities.

13.3.3 Those conducted solely by associations, professional societies and other professional organizations other than accredited educational institutions.

13.3.4 Those self-instruction or home study courses, video computer-assisted programs, and teleconferences, pre-approved by the Board, may be accumulated at no more than twelve hours per renewal period.

13.4 Upon completion of an approved program of study the sponsor or sponsors of the program shall issue certificates of attendance or other evidence of attendance, satisfactory to the Board.

13.5 Nothing contained in this rule shall preclude the Board from providing for any program of study which excludes subjects which shall be in derogation of, or in conflict with, the teachings and practices of any recognized religious faith, providing however, any applicant seeking to be entitled to be admitted to such program of study hereinunder, shall submit evidence satisfactory to the Board that he/she is in fact an adherent of such recognized religious faith.

14.0 Licenses

14.1 An Applicant for license as a Nursing Home Administrator who has successfully complied with the requirements of the licensing laws and standards provided herein, passed the examination provided for by the Board and, where applicable, complied with the requirements for Nursing Home Administrator-In-Training, shall be issued a license on a form provided for that purpose by the Board, certifying that such applicant has met the requirements of the laws, rules and regulations entitling the applicant to serve, act, practice and otherwise hold the applicant out as a duly licensed Nursing Home Administrator. Unless otherwise suspended or revoked as provided in Rule 16 of these Rules and Regulations, such license, once issued, shall remain valid and active until its official expiration date as noted on such license.

14.1.1 Any licensee requesting an inactive status shall be notified the Board has no provision for such status and, therefore, the license in question shall be considered active and valid, regardless of the place of residence and/or occupation of the license holder, until its official expiration date, after which any application for reinstatement will be addressed as provided in Rule 15 of these Rules and Regulations.

14.2 Board approval for Acting Nursing Home Administrator

14.2.1 In the event of a permanent loss of a regularly licensed Nursing Home Administrator by death, disability, resignation, dismissal and or any other unexpected cause, or due to change of ownership of the facility, the owner, governing body or other appropriate authority of the nursing home suffering such removal, may designate an Acting Nursing Home Administrator. The Board may at its discretion, issue without examination a permit for a period not to exceed nine months. Such permit will be issued to an applicant who fulfills the requirements of 14.2.1.1 and 14.2.1.2 as follows:

14.2.1.1 Rule 7.0

14.2.1.2 Has been nominated to be the Acting Nursing Home Administrator in the particular facility which shall be identified in the application.

14.2.2 In the event of a change in the ownership of the facility, resulting in the removal of the licensed Nursing Home Administrator, the new owner, governing body or other appropriate authority of the nursing home may designate an Acting Nursing Home Administrator under the criteria in 14.2.1 above.

14.3 No Board approval for acting Nursing Home Administrator shall be issued to an individual if that individual is employed by a facility whose administrator has operated under an acting permit within the previous year.

14.4 No facility may have concurrent acting permits.

15.0 Renewal of Licensure

15.1 Every person who holds a valid license as a Nursing Home Administrator, issued by the Board, shall biennially apply to the Board for a new license, and report any facts requested by the Board.

15.2 On making application for renewal of license, the established fee shall be submitted and satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13.0 of these Rules and Regulations.

15.3 A licensed Nursing Home Administrator whose license has expired may, within two years following the licensure period, have his/her license reinstated without examination upon payment of the renewal fee, plus a late fee. In addition, satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13.0 of these Rules and Regulations. Any licensee whose license has expired for a period in excess of a two-year licensure period may have his/her license reinstated upon payment of the renewal fee, late fee and upon satisfying the Board as to the applicant’s current qualifications by completing an application form as outlined in Rule 8.0 of these Rules and Regulations, providing, however, such applicant may attach a resume in lieu of completing sections 4 and 5 of the application form. Satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13.0 of these Rules and Regulations.

15.4 Only an individual who has qualified as a licensed Nursing Home Administrator and who holds a valid, current registration certificate pursuant to the provisions of these Rules and Regulations, shall have the right and the privilege of using the abbreviation “N.H.A.” after his/her name. No other person shall use or shall be designated to such title or abbreviation or any other words, letters, sign, card or device, tending to or intended to indicate that such person is a licensed Nursing Home Administrator.

15.5 The Board shall maintain all approved applications for licensing of Nursing Home Administrators. The Board shall maintain a complete file of such other pertinent information as may be deemed necessary.

16.0 Refusal, Suspension and Revocation of License

16.1 After due notice to the licensee with an opportunity to be heard at a formal hearing, the Board may suspend, revoke or refuse to issue a license for a Nursing Home Administrator, or may reprimand or otherwise discipline a licensee. Such license may be denied, revoked, or suspended if applicant or licensee has violated any of the following:

16.1.1 Willfully or repeatedly violated any of the provisions of the Law, Rules or Regulations pertaining to the licensing of a Nursing Home Administrator.

16.1.2 Willfully or repeatedly violated any of the provisions of the Law, Rules or Regulations of the licensing or supervising authority or agency of the State or political subdivision thereof having jurisdiction over the operation and licensing of nursing homes;

16.1.3 Been convicted of a felony;

16.1.4 Has practiced fraud, deceit or misrepresentation in securing a Nursing Home Administrator’s license;

16.1.5 Has practiced fraud, deceit or misrepresentation in his/her capacity as a Nursing Home Administrator;

16.1.6 Has exhibited acts or practices as a Nursing Home Administrator that show he/she is unfit or incompetent to practice by reason of negligence, habits or other causes, including but not limited to:

16.1.6.1 Commission of acts of misconduct in the operation of a nursing home under his/her jurisdiction;

16.1.6.2 Is currently using, in the possession of or has been convicted of the unlawful sale of narcotic drugs, look-alike substances or illegal drugs or alcohol;

16.1.6.3 Has wrongfully transferred or surrendered possession of either an acting or permanent license;

16.1.6.4 Has been guilty of fraudulent, misleading or deceptive advertising;

16.1.6.5 Has falsely impersonated another licensee of a like or different name;

16.1.6.6 Has failed to exercise true regard for the safety, health and life of any resident;

16.1.6.7 Has willfully permitted unauthorized disclosure of information relating to a resident of his/her records;

16.1.6.8 Has discriminated in respect to residents, employees or staff on the basis of age, race, religion, sex, color, disability, or national origin; or

16.1.6.9 Is unable to perform the essential requirements of a Nursing Home Administrator.

17.0 Complaints and Hearing Procedures

The procedure for the investigation and prosecution of alleged violations of this chapter and these Rules and Regulations, shall be set forth in 29 Del.C. §8810.

18.0 Reciprocity

18. The Board, at its discretion, and otherwise subject to the law pertaining to the licensing of a Nursing Home Administrator prescribing the qualifications for a Nursing Home Administrator license, may endorse a Nursing Home Administrator license issued by the proper authorities of any other State, upon payment of the regular established fee and upon submission of evidence satisfactory to the Board that:

18.1.1 The applicant is at least 21 years of age,

18.1.2 The applicant submits a letter of good standing from another state as a Nursing Home Administrator by a regulatory body whose purpose is to regulate the qualifications of Nursing Home Administrators,

18.1.3 The applicant has taken the National Association of Boards of Examiners (NAB) examination and that the applicant’s score on the NAB examination is equal to or exceeds the Board’s requirement for this test,

18.1.4 The applicant meets all current Delaware requirements as set forth in Rule 7.0,

18.1.5 Such applicant for endorsement holds a valid license as a Nursing Home Administrator, which has not been revoked or suspended as such in each State from which he/she has ever received a Nursing Home Administrator license or reciprocal endorsement; provided, however, that the Board may waive this requirement if upon submission of evidence to the Board, the Board is satisfied that the applicant has been rehabilitated.

18.2 The Board shall also have the power after due notice and an opportunity to be heard at a formal hearing, to revoke or suspend the endorsement of a Nursing Home Administrator license issued to any person upon evidence satisfactory to the Board that the duly constituted authorities of any State have lawfully revoked or suspended the Nursing Home Administrator license issued to such person by such State.

19.0 Restoration and Reinstatement of License

19.1 Restoration of a license may be considered after a period of one year from the revocation or suspension date by the Board, at its discretion, upon submission of evidence satisfactory to the Board that the grounds for suspension or revocation has been removed, except where the grounds are for a felony or conviction of Medicaid or Medicare fraud.

19.2 Upon denial of such application for restoration of a license, the Board shall grant the applicant a formal hearing upon request, in accordance with the Administrative Procedures Act.

20.0 Display of Licenses

Every person licensed as a Nursing Home Administrator shall display such license in a conspicuous place in the office or place of business or employment.

21.0 Duplicate Licenses

Upon receipt of satisfactory evidence that a license has been lost, mutilated or destroyed, the Board may issue a duplicate license. The duplication fee is set by the Delaware Division of Professional Regulation.

22.0 Applicability, Legal Effect, Severability

22.1 The Rules and Regulations of the Board shall be supplemental to the law providing for the licensing of Nursing Home Administrators and shall have the force and effect of Law.

22.2 Every rule, regulation, order and directive adopted by the Board shall state the date on which it takes effect and a copy thereof signed by the President of the Board and the Secretary of the Board shall be filed as a public record in the office of the Board and as may be required by Law.

22.3 The Rules and Regulations of the Board are intended to be consistent with the applicable Federal and State Law and shall be reviewed, whenever necessary, to achieve such consistency.

22.4 In the event that any provision of these Rules and Regulations is declared unconstitutional or invalid, or the application thereof to any person or circumstance is held invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of these Rules and Regulations shall not be affected thereby.

22.5 These Rules and Regulations shall not affect pending actions or proceedings, civil or criminal, but the same may be prosecuted or defended in the same manner and with the same effect as though these Rules and Regulations had not been promulgated.

22.6 The Board shall furnish copies of these Rules and Regulations and Amendments thereof for a fee set by the Delaware Division of Professional Regulation, except, the Board may, at its discretion, provide one free copy to each nursing home, health related organization, educational institutions, State or Federal Government units and other public or noncommercial agencies or concerns.

22.7 Amendments to these Rules and Regulations of the Board shall be made only at a regularly called meeting thereof by a majority vote of all members of the Board. No amendment shall be acted upon unless said amendment was presented at a prior meeting and unless notice has been given to the members of the Board that said amendment is to be acted upon at a particular meeting of the Board.

22.8 These Rules and Regulations shall take effect the first day of December, 1982.

23.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals

23.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.

23.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.

23.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).

23.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.

23.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 23.8 of this section.

23.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:

23.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.

23.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

23.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

23.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

23.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

23.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.

23.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.

23.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

23.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

23.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

23.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.

23.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.

24.0 Crimes substantially related to the practice of nursing home administration:

24.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of nursing home administration in the State of Delaware without regard to the place of conviction:

24.1.1 Offensive touching. 11 Del.C. §601.

24.1.2 Aggravated menacing. 11 Del.C. §602(b)

24.1.3 Reckless endangering in the second degree. 11 Del.C. §603.

24.1.4 Reckless endangering in the first degree. 11 Del.C. §604

24.1.5 Abuse of a pregnant female in the second degree. 11 Del.C. §605.

24.1.6 Abuse of a pregnant female in the first degree. 11 Del.C. §606.

24.1.7 Assault in the third degree. 11 Del.C. §611.

24.1.8 Assault in the second degree. 11 Del.C. §612

24.1.9 Assault in the first degree. 11 Del.C. §613.

24.1.10 Abuse of a sports official. 11 Del.C. §614.

24.1.11 Assault by abuse or neglect. 11 Del. C. § 615.

24.1.12 Gang participation. 11 Del.C. §616

24.1.13 Terroristic threatening. 11 Del.C. §621.

24.1.14 Unlawfully administering drugs. 11 Del.C. §625.

24.1.15 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.

24.1.16 Vehicular assault in the first degree. 11 Del.C. §629.

24.1.17 Vehicular homicide in the second degree. 11 Del.C. §630.

24.1.18 Vehicular homicide in the first degree. 11 Del.C. §630A.

24.1.19 Criminally negligent homicide. 11 Del.C. §631.

24.1.20 Manslaughter. 11 Del.C. §632.

24.1.21 Murder by abuse or neglect in the second degree. 11 Del.C. §633

24.1.22 Murder by abuse or neglect in the first degree. 11Del.C. §634.

24.1.23 Murder in the second degree; class A felony. 11 Del.C. §635.

24.1.24 Murder in the first degree. 11 Del.C. §636.

24.1.25 Promoting suicide. 11 Del.C. §645.

24.1.26 Abortion. 11 Del.C. §651.

24.1.27 Self-abortion. 11 Del.C. §652.

24.1.28 Issuing abortional articles. 11 Del.C. §653.

24.1.29 Indecent exposure in the second degree. 11 Del.C. §764.

24.1.30 Indecent exposure in the first degree. 11 Del.C. §765.

24.1.31 Incest. 11 Del.C. §766.

24.1.32 Unlawful sexual contact in the third degree. 11 Del.C. §767.

24.1.33 Unlawful sexual contact in the second degree. 11 Del.C. §768.

24.1.34 Unlawful sexual contact in the first degree. 11 Del.C. §769.

24.1.35 Rape in the fourth degree. 11 Del.C. §770.

24.1.36 Rape in the third degree. 11 Del.C. §771.

24.1.37 Rape in the second degree. 11 Del.C. §772.

24.1.38 Rape in the first degree. 11 Del.C. §773.

24.1.39 Sexual extortion. 11 Del.C. §776.

24.1.40 Bestiality. 11 Del.C. §777.

24.1.41 Continuous sexual abuse of a child. 11 Del.C. §778.

24.1.42 Dangerous crime against a child. 11 Del.C. §779.

24.1.43 Female genital mutilation. 11 Del.C. §780.

24.1.44 Unlawful imprisonment in the second degree. 11 Del.C. §781.

24.1.45 Unlawful imprisonment in the first degree. 11 Del.C. §782.

24.1.46 Kidnapping in the second degree. 11 Del.C. §783.

24.1.47 Kidnapping in the first degree. 11 Del.C. §783A.

24.1.48 Interference with custody. 11 Del.C. §785.

24.1.49 Acts constituting coercion. 11 Del.C. §791.

24.1.50 Arson in the third degree. 11 Del.C. §801.

24.1.51 Arson in the second degree. 11 Del.C. §802.

24.1.52 Arson in the first degree. 11 Del.C. §803.

24.1.53 Reckless burning or exploding; felony. 11 Del.C. §804.

24.1.54 Cross or religious symbol burning. 11 Del.C. §805.

24.1.55 Criminal mischief. 11 Del.C. §811.

24.1.56 Trespassing with intent to peep or peer. 11 Del.C. §820.

24.1.57 Burglary in the third degree. 11 Del.C. §824.

24.1.58 Burglary in the second degree. 11 Del.C. §825.

24.1.59 Burglary in the first degree. 11 Del.C. §826.

24.1.60 Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. §828.

24.1.61 Robbery in the second degree. 11 Del.C. §831.

24.1.62 Robbery in the first degree. 11 Del.C. §832.

24.1.63 Carjacking in the second degree. 11 Del.C. §835.

24.1.64 Carjacking in the first degree. 11 Del.C. §836.

24.1.65 Shoplifting. 11 Del.C. §840.

24.1.66 Use of illegimate retail sales receipt or Universal Product Code Label. 11 Del.C. §840A.

24.1.67 Theft. 11 Del.C. §841.

24.1.68 Theft; lost or mislaid property. 11 Del.C. §842.

24.1.69 Theft; false pretense. 11Del.C. §843.

24.1.70 Theft; false promise. 11 Del.C. §844.

24.1.71 Theft of services. 11 Del.C. §845.

24.1.72 Extortion. 11 Del.C. §846.

24.1.73 Misapplication of property. 11 Del.C. §848.

24.1.74 Theft of rented property. 11 Del.C. §849.

24.1.75 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; felony. 11 Del.C. §850.

24.1.76 Receiving stolen property; felony. 11 Del.C. §851

24.1.77 Identity theft. 11 Del.C. §854.

24.1.78 Possession of shoplifters tools or instruments facilitating theft. 11 Del.C. §860.

24.1.79 Forgery. 11 Del.C. §861.

24.1.80 Possession of forgery devices. 11 Del.C. §862.

24.1.81 Falsifying business records. 11 Del.C. §871.

24.1.82 Tampering with public records in the second degree 11 Del.C. §873.

24.1.83 Tampering with public records in the first degree. 11 Del.C. §876.

24.1.84 Offering a false instrument for filing. 11 Del.C. §877.

24.1.85 Issuing a false certificate. 11 Del.C. §878.

24.1.86 Bribery. 11 Del.C. §881.

24.1.87 Bribe receiving. 11 Del.C. §882.

24.1.88 Defrauding secured creditors. 11 Del.C. §891.

24.1.89 Fraud in insolvency. 11 Del.C. §892.

24.1.90 Interference with levied-upon property. 11 Del.C. §893.

24.1.91 Issuing a bad check. 11 Del.C. §900.

24.1.92 Unlawful use of credit card. 11 Del.C. §903.

24.1.93 Reencoder and scanning devices. 11 Del.C. §903A.

24.1.94 Deceptive business practices. 11 Del.C. §906.

24.1.95 Criminal impersonation. 11 Del.C. §907.

24.1.96 Criminal impersonation, accident related. 11 Del.C. §907A.

24.1.97 Criminal impersonation of a police officer. 11 Del.C. §907B.

24.1.98 Unlawfully concealing a will. 11 Del.C. §908.

24.1.99 Securing execution of documents by deception. 11 Del.C. §909.

24.1.100 Fraudulent conveyance of public lands. 11Del.C. §911.

24.1.101 Fraudulent receipt of public lands. 11 Del.C. §912.

24.1.102 Insurance fraud. 11 Del.C. §913.

24.1.103 Health care fraud. 11 Del.C. §913A.

24.1.104 Home improvement fraud. 11 Del.C. §916.

24.1.105 New home construction fraud. 11 Del.C. §917.

24.1.106 Transfer of recorded sounds. 11 Del.C. §920.

24.1.107 Sale of transferred recorded sounds. 11 Del.C. §921.

24.1.108 Improper labeling 11 Del.C. §922

24.1.109 Theft of computer services. 11 Del.C. §933.

24.1.110 Interruption of computer services. 11 Del.C. §934.

24.1.111 Misuse of computer system information. 11 Del.C. §935.

24.1.112 Destruction of computer equipment. 11 Del.C. §936.

24.1.113 Failure to promptly cease electronic communication upon request. 11 Del.C. §920.

24.1.114 Bigamy. 11 Del.C. §1001.

24.1.115 Bigamous marriage contracted outside of the State. 11 Del.C. §1002.

24.1.116 Dealing in children. 11 Del.C. §1100.

24.1.117 Endangering the welfare of a child. 11 Del.C. §1102.

24.1.118 Endangering the welfare of an incompetent person. 11 Del.C. §1105.

24.1.119 Sexual exploitation of a child. 11 Del.C. §1108.

24.1.120 Unlawfully dealing in child pornography. 11 Del.C. §1109.

24.1.121 Possession of child pornography. 11 Del.C. §1111.

24.1.122 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.

24.1.123 Sexual solicitation of a child. 11 Del.C. §1112A.

24.1.124 Body-piercing, tattooing or branding. 11 Del.C. §1114.

24.1.125 Tongue-splitting. 11 Del.C. §1114A.

24.1.126 Bribery. 11 Del.C. §1201

24.1.127 Receiving a bribe; class E felony. 11 Del.C. §1203.

24.1.128 Improper influence. 11 Del.C. §1207.

24.1.129 Official misconduct. 11 Del.C. §1211.

24.1.130 Profiteering. 11Del.C. §1212.

24.1.131 Perjury in the second degree. 11 Del.C. §1222.

24.1.132 Perjury in the first degree. 11 Del.C. §1223.

24.1.133 Making a false written statement. 11 Del.C. §1233.

24.1.134 Terroristic threatening of public officials or public servants. 21 Del.C. §1240.

24.1.135 Hindering prosecution; felony. 11 Del.C. §1244.

24.1.136 Falsely reporting an incident; felony. 11 Del.C. §1245.

24.1.137 Obstructing the control and suppression of rabies; felony. 11 Del.C. §1248.

24.1.138 Abetting the violation of driver’s license restrictions; felony. 11 Del.C. §1249.

24.1.139 Offenses against law-enforcement animals; felony. 11 Del.C. §1250.

24.1.140 Escape in the second degree. 11 Del.C. §1252.

24.1.141 Escape after conviction. 11 Del.C. §1253.

24.1.142 Assault in a detention facility. 11 Del.C. §1254.

24.1.143 Promoting prison contraband; felony. 11 Del.C. §1256.

24.1.144 Use of an animal to avoid capture; felony 11 Del.C. §1257A.

24.1.145 Sexual relations in detention facility. 11 Del.C. §1259.

24.1.146 Bribing a witness. 11 Del.C. §1261.

24.1.147 Bribe receiving by a witness. 11 Del.C. §1262.

24.1.148 Tampering with a witness. 11 Del.C. §1263.

24.1.149 Interfering with child witness. 11 Del.C. §1263A.

24.1.150 Bribing a juror. 11 Del.C. §1264.

24.1.151 Bribe receiving by a juror. 11 Del.C. §1265.

24.1.152 Tampering with a juror. 11 Del.C. §1266.

24.1.153 Misconduct by a juror. 11 Del.C. §1267.

24.1.154 Tampering with physical evidence. 11 Del.C. §1269.

24.1.155 Riot. 11 Del.C. §1302.

24.1.156 Hate crimes. 11 Del.C. §1304.

24.1.157 Aggravated harassment. 11 Del.C. §1312.

24.1.158 Stalking. 11 Del.C. §1312A.

24.1.159 Malicious interference with emergency communications. 11 Del.C. §1313.

24.1.160 Criminal nuisance. 11 Del.C. §1322.

24.1.161 Cruelty to animals. 11 Del.C. §1325.

24.1.162 The unlawful trade in dog or cat by-products. 11 Del.C. §1325A

24.1.163 Animals; fighting and baiting prohibited; felony. 11 Del.C. §1326.

24.1.164 Maintaining a dangerous animal; felony. 11 Del.C. §1327.

24.1.165 Abusing a corpse. 11 Del.C. §1332.

24.1.166 Trading in human remains and associated funerary objects. 11 Del.C. §1333.

24.1.167 Violation of privacy. 11 Del.C. §1335.

24.1.168 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.

24.1.169 Adulteration. 11 Del.C. §1339.

24.1.170 Promoting prostitution in the third degree. 11 Del.C. §1351.

24.1.171 Promoting prostitution in the second degree. 11 Del.C. §1352.

24.1.172 Promoting prostitution in the first degree. 11 Del.C. §1353.

24.1.173 Permitting prostitution. 11 Del.C. §1355.

24.1.174 Obscenity. 11 Del.C. §1361.

24.1.175 Carrying a concealed deadly weapon. 11 Del.C. §1442.

24.1.176 Possessing a destructive weapon. 11 Del.C. §1444.

24.1.177 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.

24.1.178 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.

24.1.179 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.

24.1.180 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.

24.1.181 Criminal history record checks for sales of firearms; felony. 11 Del.C. §1448A.

24.1.182 Receiving a stolen firearm. 11 Del.C. §1450.

24.1.183 Theft of a firearm. 11 Del.C. §1451.

24.1.184 Giving a firearm to person prohibited. 11 Del.C. §1454.

24.1.185 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.

24.1.186 Unlawfully permitting a minor access to a firearm. 11 Del.C. §1456.

24.1.187 Possession of a weapon in a Safe School and Recreation Zone; felony. 11 Del.C. §1457.

24.1.188 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.

24.1.189 Prohibited acts. cheating devices(a)-(e). 11 Del.C. §1471.

24.1.190 Organized Crime and Racketeering. 11 Del.C. §1504.

24.1.191 Victim or Witness Intimidation. 11 Del.C. §3532 & 3533.

24.1.192 Abuse, neglect, mistreatment or financial exploitation of residents or patients 16 Del.C. §1136(a), (b) and (c).