Terms Used In Delaware Code > Title 21 > Chapter 4 - Reciprocal Agreements

• 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.
• 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
• 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
• 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

• Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
• 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
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Division: shall mean the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 2301
• 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
• 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
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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.
• 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.
• HVACR: means heating, ventilation, air conditioning, and refrigeration. See Delaware Code Title 24 Sec. 1802
• 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}
• 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.
• 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.
• Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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

• Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases from participating merchants and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases from participating merchants and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of any day and, if the agreement providing the plan so provides, may include the amount of any interest and additional charges, including late or delinquency charges, which have accrued to the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 2214
• 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
• plan: means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which:

  a. See Delaware Code Title 5 Sec. 2214

• 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

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• 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.
• 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
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• 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
• 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.
• State: means the State of Delaware. See Delaware Code Title 24 Sec. 2602
• Statute: A law passed by a legislature.
• 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: 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
• 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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}
• 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