Psychology

Del. Code tit. 24, ch. 35

in effect

Del. Code tit. 24, § 3501 Objectives.

The primary objective of the Board of Examiners of Psychologists, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and unlicensed.

Del. Code tit. 24, § 3502 Definitions [For application of this section, see 85 Del. Laws, c. 317, § 25].

For purposes of this chapter: (1) “Board” means the State Board of Examiners of Psychologists established in this chapter. (2) “Conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following: a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition. b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity. c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity. (3) “Doctoral-level psychological assistant” means an individual who is registered with the Board to perform only the specific functions within the practice of psychology that are listed in the statement submitted under § 3509(a)(1) of this title, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title “doctoral-level psychological assistant.” (4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverages such that it impairs the individual’s ability to perform the work of a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant. (5) “Licensed psychology associate” means an individual who licensed and authorized to engage on the practice of psychology under § 3508B of this title. (6) “Licensee” means an individual who is licensed as a psychologist or a licensed psychology associate under this chapter. (7) “Master’s-level psychological assistant” means an individual who is registered with the Board to perform only the specific functions within the practice of psychology that are listed in the statement submitted under § 3509B(a)(1) of this title, only under the direct supervision of a supervising psychologist or a supervising licensed psychology associate, and who is authorized by the Board to use the title “master’s-level psychological assistant”, while attaining further requirements for licensure, as specified by the Board. (8) a. “Practice of psychology” means observing, describing, evaluating, testing, assessing, interpreting, and modifying human behavior by applying psychological principles, methods, and procedures that are grounded in a scientific orientation toward psychological knowledge and methods, for 1 or more of the following purposes: 1. Preventing, evaluating, assessing, or treating any symptomatic, maladaptive, or undesired behavior, emotion, cognition, physical condition, or social barrier. 2. Evaluating, assessing, treating, or facilitating the enhancement of individual, family, or group effectiveness, including adaptive behavior, interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, mental health, and individual or group performance. b. The practice of psychology includes all of the following: 1. Psychological testing. 2. The evaluation or assessment of individual or group performance. 3. Conducting evidence-based assessments or evaluations of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, behavior, achievement, and neuropsychological function. 4. Providing evidence-based therapeutic interventions, such as cognitive rehabilitation, counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy to improve cognitive, mental, behavioral, physical, functional, and sociocultural health and wellness. 5. Diagnosing, treatment planning, treating, and managing psychological function; mental and emotional disorders; mental, developmental, or intellectual disabilities; substance misuse; substance use disorders; disorders of habit or conduct; and the psychological functional, and sociocultural aspects of physical illness, accident, injury, or and disability. 6. Providing psychoeducational evaluation, therapy, remediation, and consultation. 7. Providing psychological screening, interviewing, and diagnostic assessment to carry out the psychological services listed under paragraph (8)b.3. of this section. 8. Consulting and collaborating with other professionals on patient or family diagnoses, impairment, treatment planning, and removing barriers to health or care. 9. Conducting psychological testing. 10. Supervising a doctoral-level psychological assistant, subject to § 3509 of this title. 11. Supervising a master’s-level psychological assistant, subject to § 3509B of this title. c. The “practice of psychology” is grounded in a scientific orientation towards psychological methods, including using, to the extent possible, existing evidence-based literature or, if relevant evidence-based literature does not exist, a scientific orientation to guide professional activities and decision-making. d. The “practice of psychology” occurs regardless of whether payment is received for services rendered. (9) “Psychological testing” includes administration and interpretation of all of the following: a. Standardized intelligence and neuropsychological tests that yield an intelligence quotient or are the basis for a diagnosis of brain-based disorders for the purposes of classification or disability determination. b. Psychological tests that are the basis of a diagnosis of mental or emotional disorder. (10) “Psychologist” means an individual who makes representations to the public by any title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” or who engages in the practice of psychology. (11) “Registrant” means an individual who is registered as a doctoral-level psychological assistant or master’s-level psychological assistant under this chapter. (12) “Substantially related” means the nature of the criminal conduct, for which an individual is 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 psychology. (13) “Supervising licensed psychology associate” means a licensed psychology associate licensed in this State who supervises a master’s-level psychological assistant, as provided by § 3509B of this title. (14) “Supervising psychologist” means a psychologist licensed in this State who supervises a doctoral-level psychological assistant, as provided by § 3509 of this title, or a master’s-level psychological assistant, as provided by § 3509B of this title. (15) “Supervision” means the face-to-face consultation between a doctoral-level psychological assistant or master’s level psychological assistant and the supervising psychologist or supervising licensed psychology associate, as required by the nature of the work of the doctoral-level psychological assistant or master’s-level psychological assistant.

Del. Code tit. 24, § 3503 Board of Examiners of Psychologists; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) There is created a State Board of Examiners of Psychologists which shall administer and enforce this chapter. (b) The Board consists of 9 members who are appointed by the Governor and meet the following qualifications: (1) All 9 members must be residents of this State. (2) Five of the members must be psychologists licensed under this chapter. (3) Four members must be public members. (4) At least 3 members must be engaged full time in the practice of psychology. (5) The public members may not be, nor ever have been, psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants, nor members of the immediate family of a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant; may not have been employed by a psychologist, licensed psychology associate, doctoral-level assistant, or master’s-level psychological assistant; may not have a material interest in the providing of goods and services to psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants; and may not have been engaged in an activity directly related to psychology. The public members must be accessible to inquiries, comments, and suggestions from the general public. (c) Except as otherwise provided in subsection (d) of this section, each member is appointed for a period of 3 years and may serve 1 additional term in succession; however, if a member was initially appointed to fill a vacancy, the member may serve only 1 additional full term in succession. Any individual appointed to fill a vacancy on the Board serves for the remainder of the unexpired term of the former member. Each member’s term expires on the date specified in the appointment; however, the member remains eligible to participate in Board proceedings until replaced by the Governor. (d) An individual who has never served on the Board may be appointed to the Board for 2 consecutive terms; however, after the individual has been appointed for 2 consecutive terms the individual is not eligible for 2 consecutive appointments. An individual who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period may not be appointed to the Board again until an interim period of at least 1 year has expired since the individual last served. (e) Any act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless the amendment or revision amends this section to permit such an appointment. (f) The Governor may suspend or remove a member for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing is disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A member may appeal any suspension or removal to the Superior Court. (g) While serving on the Board, a member may not hold elective office in any professional association of psychologists. (h) The provisions set forth for “employees” in Chapter 58 of Title 29 apply to all members and to all agents appointed, or otherwise employed, by the Board. (i) Any member who is absent, without adequate reason, for 3 consecutive meetings, or who fails to attend at least half of all regular Board meetings during any calendar year, is deemed in neglect of duty. (j) Each member must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division of Professional Regulation under Section 9 of Article III of the Delaware Constitution.

Del. Code tit. 24, § 3504 Organization; meetings; officers; quorum [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) The Board shall hold regularly scheduled meetings at least once in each quarter of a calendar year, and at other times the President deems necessary or at the request of a majority of the members. (b) The Board shall elect annually a President, Vice President, and Secretary. Each officer shall serve for 1 year, and each officer may not be elected for more than 2 consecutive terms. (c) A majority of the members constitutes a quorum for the purpose of transacting business. Disciplinary action may not be taken without the affirmative vote of at least 5 members. (d) Minutes of all meetings must be recorded, and copies must be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared must be made. The cost of preparing any transcript is paid by the person requesting the transcript.

Del. Code tit. 24, § 3505 Records [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) The Division of Professional Regulation shall keep all of the following: (1) A register of all applications for licensure as a psychologist or licensed psychology associate, and for registration as a doctoral-level psychological assistant or master’s-level psychological assistant. (2) Complete records relating to all of the following: a. Meetings of the Board. b. Examinations. c. Rosters. d. Changes and additions to the Board’s rules and regulations. e. Complaints. f. Hearings. g. Other matters as the Board may determine. (b) The records kept under this section are prima facie evidence of the proceedings of the Board.

Del. Code tit. 24, § 3506 Powers and duties [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) The Board of Examiners of Psychologists may do all of the following: (1) Promulgate rules and regulations, with appropriate notice to those affected and in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29). Each rule or regulation must implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants, and to process all applications. (3) Designate the written standardized Examination for Professional Practice in Psychology (EPPP) to be taken by all applicants applying for licensure. Applicants who qualify for licensure by reciprocity must have achieved a passing score on the EPPP. (4) Provide for the administration of all examinations, including notice and information to applicants. (5) Establish minimum education, training, and experience requirements for licensure as psychologists or licensed psychology associates and for registration as doctoral-level psychological assistants or master’s-level psychological assistants. (6) Evaluate the credentials of all applicants applying for licensure as a psychologist or licensed psychology associate and all applicants applying for registration as a doctoral-level psychological assistant or master’s-level psychological assistant, in order to determine if each applicant meets the qualifications for licensing or registration set forth in this chapter. (7) Grant licenses to and renew the licenses of all individuals who meet the qualifications for licensure or license renewal under this chapter. (8) Register and renew the registration of all individuals who meet the qualifications for registration or registration renewal under this chapter. (9) Establish, by rule and regulation, continuing education standards required for license renewal and registration renewal. (10) Evaluate certified records to determine if an applicant for licensure or registration, who has been previously licensed, certified, or registered in another jurisdiction to engage in the practice of psychology, has committed any act or offense that would be grounds for disciplinary action under this chapter and if there are disciplinary proceedings or unresolved complaints pending against the applicants for the act or offense. (11) Refer to the Division of Professional Regulation, for investigation pursuant to § 8735(h) of Title 29, all complaints from licensees and the public concerning any of the following: a. Licensees. b. Registrants. c. The Board’s practices. d. The practice of psychology. (12) Assign a member of the Board to assist the Division of Professional Regulation, in an advisory capacity, with the investigation of the technical aspects of a complaint referred under paragraph (a)(11) of this section. (13) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735(h) of Title 29. But if the provisions of Chapter 101 of Title 29 or § 8735(h) of Title 29 conflict with the provisions of this chapter, this chapter governs. (14) If it is determined after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed. (15) Suspend or revoke a supervising psychologist’s authorization to supervise a doctoral-level psychological assistant or a master’s-level psychological assistant, suspend or revoke a supervising licensed psychology associate’s authorization to supervise a master’s-level psychological assistant, and to otherwise discipline a supervising psychologist or a supervising licensed psychology associate whenever a doctoral-level psychological assistant or a master’s-level psychological assistant is in violation of this chapter or commits any of the acts or offenses that are grounds for disciplinary action under this chapter. (16) Determine the number of doctoral-level psychological assistants and master’s-level psychological assistants that a supervising psychologist may supervise, the number of master’s-level psychological assistants a supervising licensed psychology associate may supervise, and the requirements for the supervision. (b) The Board shall do all of the following: (1) Promulgate regulations specifically identifying those crimes which are substantially related to the practice of psychology. (2) Determine if a licensee or registrant is subject to a disciplinary hearing, and if so, shall conduct the hearing in accordance with this chapter and the Administrative Procedures Act (Chapter 101 of Title 29). (3) Adopt the administration, grading procedures, and passing score of the Association of State and Provincial Psychology Boards (ASPPB), or, if a national examination is not available, of a comparable alternative national or regional examination.

Del. Code tit. 24, § 3507 License; registration required [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) Unless an individual has been duly licensed under this chapter, the individual may not do any of the following: (1) Engage in the practice of psychology. (2) Represent to the public in this State that the individual is qualified to engage in the practice of psychology. (3) Use in connection with that individual’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the individual is qualified to engage in the practice of psychology. (b) If an individual’s license to practice as a psychologist or a licensed psychology associate in this State has expired or has been suspended or revoked, it is unlawful for the individual to engage in the practice of psychology in this State. (c) An individual may not act as a doctoral-level psychological assistant or a master’s-level psychological assistant or represent that the individual is a doctoral-level psychological assistant or a master’s-level psychological assistant, unless the individual has been duly registered under this chapter.

Del. Code tit. 24, § 3508 Qualifications of applicants for licensure as a psychologist; report to Attorney General; judicial review [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) An applicant who is applying for licensure as a psychologist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant has done all of the following qualifications: (1) a. Received a doctoral degree based on a program of study that is psychological in content and specifically designed to train and prepare psychologists. The doctoral degree must be all of the following: 1. From a college or university accredited by the United States Department of Education or by an accrediting agency recognized by the Council on Postsecondary Accreditation, or its successor, and which has a graduate program that states its purpose to be the training and preparation of psychologists. 2. Based on a program of studies accredited as a professional psychology program by the American Psychological Association (APA), the Canadian Psychological Association (CPA), the Psychological Clinical Science Accreditation System (PCSAS), or an equivalent program approved by the Board. b. Applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The applicants are required to have their credentials evaluated by a credential evaluation service, approved by the National Association of Credential Evaluation Services (NACES), to determine equivalency to the accreditation requirements of this subsection. (2) Successfully completed a predoctoral internship which complies with the Board’s rules and regulations. (3) After receiving the doctoral degree required under paragraph (a)(1) of this section, has at least 1 year of supervised professional experience in psychological work of a type satisfactory to the Board. (4) Achieved a passing score on the Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor. (5) Subject to § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed or certified as a psychologist. (b) (1) An applicant who is applying for licensure as a psychologist must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history information relating to that applicant. b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (34 U.S.C. § 41101). The State Bureau of Identification is the intermediary for purposes of this subsection, and the Board is the screening point for the receipt of federal criminal history records. (2) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology. (3) The State Bureau of Identification may release any subsequent criminal history to the Board. (c) Whenever the Board finds that an application is intentionally fraudulent, or that false information is intentionally supplied, the Board shall report its findings to the Attorney General for further action. (d) An applicant may appeal to the Superior Court if the applicant’s application has been refused or rejected and the applicant feels that the Board has done any of the following: (1) Acted without justification. (2) Imposed higher or different standards for the applicant than for other applicants or licensees. (3) In some other manner contributed to or caused the failure of the applicant’s application.

Del. Code tit. 24, § 3508B Qualifications of applicants for licensure as a licensed psychology associate; scope of practice; report to Attorney General; judicial review [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) An applicant who is applying for licensure as a licensed psychology associate under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications: (1) a. Received a master’s degree based on a program of study that is psychological in content and specifically designed to train and prepare individuals for the practice of psychology. The master’s degree must be all of the following: 1. From a college or university accredited by the United States Department of Education or by an accrediting agency recognized by the Council on Postsecondary Accreditation, or its successor, and which has a graduate program that states its purpose to be the training and preparation of psychologists. 2. Based on a program of studies accredited as a professional psychology program by the American Psychological Association (APA), the Canadian Psychological Association (CPA), the Psychological Clinical Science Accreditation System (PCSAS) or an equivalent program approved by the Board. b. Applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The applicants are required to have their credentials evaluated by a credential evaluation service, approved by National Association of Credential Services (NACES), to determine equivalency to the accreditation requirements of this subsection. (2) Successfully completed an internship that complies with the Board’s rules and regulations. (3) After receiving the master’s degree required under paragraph (a)(1) of this section, has at least 2 years of supervised professional experience in psychological work of a type satisfactory to the Board. (4) Achieved a passing score on the Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor. (5) Subject to § 8735(x) of Title 29, has not engaged in any acts or offenses that are grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed or certified to engage in the practice of psychology. (b) (1) An applicant who is applying for licensure as a licensed psychology associate must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history information relating to that applicant. b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (34 U.S.C. § 41101). The State Bureau of Identification is the intermediary for purposes of this subsection, and the Board is the screening point for the receipt of federal criminal history records. (2) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology. (3) The State Bureau of Identification may release any subsequent criminal history to the Board. (c) Whenever the Board finds that an application is intentionally fraudulent, or that false information is intentionally supplied, the Board shall report its findings to the Attorney General for further action. (d) An applicant may appeal to the Superior Court if the applicant’s application has been refused or rejected and the applicant feels that the Board has done any of the following: (1) Acted without justification. (2) Imposed higher or different standards for the applicant than for other applicants or licensees. (3) In some other manner contributed to or caused the failure of the applicant’s application. (e) (1) Except as otherwise provided in paragraph (e)(2) of this section, a licensed psychology associate may independently engage in the practice of psychology at the master’s-level of education and within the scope of the licensed psychology associate’s training. A licensed psychology associate may use screening instruments, questionnaires, rating scales, measures of intellectual ability, or interview guides that are generally available to all mental health professionals, including all of the following: a. Brief screening instruments of orientation and current mental status. b. Repeated measures of symptoms related to psychopathology. c. General measures of aptitude and interest. (2) A licensed psychology associate may not engage in the practice of psychology that involves comprehensive specialty and subspecialty testing, assessment, and consultation that requires doctoral-level psychology education and training. Additionally, a licensed psychology associate may not do any of the following: a. Accept referrals for neuropsychological evaluations or perform neuropsychological evaluations. b. Accept referrals for forensic evaluations or perform forensic evaluations, including capacity or competency evaluations and evaluations that involve local security, national security, or potential risk to the public. c. Medical or health capacity evaluations, including pre-surgical evaluations, consultation-liaison assessments in an acute medical care setting, and medical specialty consultations regardless of the setting. d. Personality, performance, and projective evaluations and assessments if the conclusions from the evaluations or assessments serve as a final determination, including second opinion evaluations. e. Child custody and parental fitness evaluations. f. Public safety employment evaluations, including fitness for duty evaluations. (f) A licensed psychology associate may not hold themselves out to the public by any title or description stating or implying that the licensed psychology associate is a licensed psychologist, including a neuropsychologist or a forensic psychologist.

Del. Code tit. 24, § 3509 Qualifications of applicants for registration as a doctoral-level psychological assistant; number of doctoral-level psychological assistants; requirements for supervision [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) An applicant who is applying for registration as a doctoral-level psychological assistant under this chapter shall do all of the following: (1) Provide the Board with a statement that is signed by a supervising psychologist and clearly delineates the specific functions that the applicant will perform under the supervising psychologist’s direct supervision and control. The supervising psychologist who signs the statement must have been practicing as a licensed psychologist for at least 2 years. (2) Submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications: a. 1. Has completed all requirements for a doctoral degree in psychology from an American Psychological Association (APA) accredited program, a Canadian Psychological Association (CPA) accredited program, a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or an equivalent program approved by the Board. A doctoral-level psychological assistant registered before July 17, 2010, who maintains the doctoral-level psychological assistant’s registration is exempt from this requirement. 2. Subject to paragraph (a)(2)a.1. of this section, applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The applicants are required to have their credentials evaluated by a credential evaluation service, approved by National Association of Credential Services (NACES) to determine equivalency to the accreditation requirements of this subsection. b. Has successfully completed a predoctoral internship which complies with the Board’s rules and regulations. c. Will perform the specific functions that are delineated by the supervising psychologist in the statement of intended area or areas of practice, from the office of the supervising psychologist. d. Will receive proper training; will fulfill continuing education requirements; and will be supervised, directed, and evaluated in accordance with a specific supervisory plan that must include face-to-face consultation as required by the nature of the applicant’s work. e. Subject § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter and does not have disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has been or currently is licensed, registered, or certified to engage in the practice of psychology. (b) An applicant who is applying for registration as a doctoral-level psychological assistant shall provide statements under oath to the Board that the applicant will do all of the following: (1) Perform only the specific functions that are delineated in the supervising psychologist’s statement. (2) Not practice independently, but only under the supervision of a licensed psychologist. (3) Not represent themselves as a licensed psychologist. (c) (1) An applicant who is applying for registration as a doctoral-level psychological assistant must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history information relating to that applicant. b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (34 U.S.C. § 41101). The State Bureau of Identification is the intermediary for purposes of this subsection, and the Board is the screening point for the receipt of federal criminal history records. (2) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology. (3) The State Bureau of Identification may release any subsequent criminal history to the Board. (d) The Board, in its regulations, shall determine the number of doctoral-level psychological assistants that a supervising psychologist may supervise and the requirements for supervision. (e) An individual registered under this section as a “psychological assistant” before [the implementation date of 85 Del. Laws, c. 317] is considered a “doctoral-level psychological assistant” and may use the title “doctoral-level psychological assistant”, as approved by the Board.

Del. Code tit. 24, § 3509B Qualifications of applicants for registration as a master’s-level psychological assistant; number of master’s-level psychological assistants; requirements for supervision [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) An applicant who is applying for registration as a master’s-level psychological assistant under this chapter shall do all of the following: (1) Provide the Board with a statement that is signed by a supervising psychologist or supervising licensed psychology associate and clearly delineates the specific functions that the applicant will perform under the supervising psychologist’s or supervising licensed psychology associate’s direct supervision and control. The supervising psychologist or supervising licensed psychology associate who signs the statement must have been practicing as a licensed psychologist or licensed psychology associate for at least 3 years. (2) Submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications: a. 1. Has completed all requirements for a master’s degree in psychology from an American Psychological Association (APA) accredited program, a Canadian Psychological Association (CPA) accredited program, a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or an equivalent program approved by the Board. 2. Applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The applicants are required to have their credentials evaluated by a credential evaluation service, approved by National Association of Credential Services (NACES) to determine equivalency to the accreditation requirements of this subsection. b. Is seeking further requirements for licensure under this chapter, as specified by the Board’s rules and regulations. c. Will perform the specific functions that are delineated by the supervising psychologist or supervising licensed psychology associate in the statement of intended area or areas of practice, from the office of the supervising psychologist or supervising licensed psychology associate. d. Will receive proper training; will fulfill continuing education requirements; and will be supervised, directed, and evaluated in accordance with a specific supervisory plan that must include face-to-face consultation as required by the nature of the applicant’s work. e. Subject to § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter and does not have disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has been or currently is licensed, registered, or certified to engage in the practice of psychology. (b) An applicant who is applying for registration as a master’s-level psychological assistant shall provide statements, under oath, to the Board that the applicant will do all of the following: (1) Perform only the specific functions that are delineated in the supervising psychologist’s or supervising licensed psychology associate’s statement. (2) Not practice independently, but only under the supervision of a licensed psychologist or licensed psychology associate. (3) Not represent themselves as licensed psychologists or licensed psychology associates. (c) (1) An applicant who is applying for registration a master’s-level psychological assistant must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no criminal history information relating to that applicant. b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (34 U.S.C. § 41101). The State Bureau of Identification is the intermediary for purposes of this subsection, and the Board is the screening point for the receipt of federal criminal history records. (2) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology. (3) The State Bureau of Identification may release any subsequent criminal history to the Board. (d) The Board in its regulations shall determine the number of master’s-level psychological assistants that a supervising psychologist or a supervising licensed psychology associate may supervise and the requirements for supervision.

Del. Code tit. 24, § 3510 Licensing or registration under special conditions; interstate practice of psychology [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) Individuals who are licensed as psychologists or registered as doctoral-level psychological assistants in this State prior to June 12, 1995, are considered to have been licensed or registered under this chapter and fully qualified to act as licensed psychologists or registered doctoral-level psychological assistants. (b) The Board shall qualify for licensing without examination any individual who applies for licensure and who is certified by the American Board of Professional Psychology, subject to the provisions of this chapter. (c) Nothing in this chapter prohibits the practice of psychology in this State by an individual holding an earned doctoral degree in psychology from an institution of higher education, who is licensed or certified as a psychologist under the laws of another jurisdiction if the individual does not exceed an aggregate of 6 days of professional services as a psychologist, per calendar year. (d) An individual practicing psychology in this State, under this section, may not engage in conversion therapy with a child or refer a child to a provider in another jurisdiction to receive conversion therapy.

Del. Code tit. 24, § 3511 Reciprocity [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) If an applicant is already licensed or certified as a doctoral-level psychologist or a licensed psychological associate in another jurisdiction and has practiced continually for 2 years in that jurisdiction, the Board shall require all of the following: (1) A certificate or other evidence that the applicant is currently licensed or certified. (2) Evidence that the applicant has practiced continually for 2 years. (3) Evidence that the applicant has achieved the passing score set by the Board on the Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor, as approved by the Board. (4) For an applicant applying as doctoral-level psychologist, evidence that the applicant has received a doctoral degree in psychology, or in a closely-allied field if the Board finds that the training required for the doctoral degree in a closely-allied field is substantially similar to the training required for a doctoral degree in psychology, from a recognized educational institution or has otherwise had training in psychology that the Board deems equivalent to a doctoral degree in psychology. Applicants holding a degree from a program outside the United States or its territories are required to have their credentials evaluated by a credential evaluation service, approved by National Association of Credential Services (NACES), to determine equivalency to the accreditation requirements of § 3508 of this title. (5) For an applicant applying as a licensed psychological associate, evidence that the applicant has received a master’s degree in psychology, or in a closely-allied field if the Board finds that the training required for the master’s degree in a closely-allied field is substantially similar to the training required for a master’s degree in psychology, from a recognized educational institution or has otherwise had training in psychology that the Board deems equivalent to a master’s degree in psychology. Applicants holding a degree from a program outside the United States or its territories are required to have their credentials evaluated by a credential evaluation service, approved by the NACES, to determine equivalency to the accreditation requirements of § 3508B of this title. (b) (1) Upon receipt of an application from an applicant applying under this section, the Board shall request a certified statement from the licensing authority, or comparable agency, in the other jurisdiction to determine whether there are disciplinary proceedings or unresolved complaints pending against the applicant or whether the applicant has engaged in any acts or offenses that would be grounds for disciplinary action under this chapter. (2) If a disciplinary proceeding or unresolved complaint is pending, the applicant may not be licensed or registered until the proceeding or complaint has been resolved. Applicants for licensure under this section are deemed to have given consent to the release of such information and to waive all objections to the admissibility of such evidence. (c) In lieu of the documentation required by subsections (a) and (b) of this section, the applicant may submit a certificate of professional qualification in psychology from a credential bank approved by the Board. The Board shall identify acceptable credentialing organizations in its rules and regulations. In addition, the Board may require the applicant to submit supplemental information that the Board deems necessary to assure that the applicant meets the qualifications for licensure.

Del. Code tit. 24, § 3512 Fees [For application of this section, see 85 Del. Laws, c. 317, § 25].

The amount charged for each fee imposed under this chapter must reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There must be a separate fee for each service or activity, but a fee may not be charged for a purpose not specified in this chapter. The application fee may not be combined with any other fee. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.

Del. Code tit. 24, § 3513 Issuance and renewal of licenses; registration [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) The Board shall issue a license or register each applicant who meets the requirements of this chapter for licensure as a psychologist or a licensed psychology associate or for registration as a doctoral-level psychological assistant or master’s-level psychological assistant and who pays the fees charged under § 3512 of this title. (b) Each license or registration must be renewed biennially, in the manner determined by the Division of Professional Regulation, upon payment of the appropriate fee, submission of a renewal form provided by the Division of Professional Regulation, and submission of proof that the licensee or registrant has met the continuing education requirements established by the Board. (c) The Board, in its rules and regulations, shall determine the period within which a licensed psychologist, a licensed psychology associate, a registered doctoral-level psychological assistant, or a registered master’s-level psychological assistant may still renew the licensee’s license or registrant’s registration, after the licensee or registrant fails to renew on or before the renewal date. (d) All licensees are required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, to perform subsequent criminal background checks. (e) All licensee’s, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. A licensee who has been placed in an inactive status may reenter practice upon written notification to the Board of the licensee’s intent to reenter practice and completion of continuing education required by the Board’s rules and regulations. The Board may promulgate regulations for resuming active status.

Del. Code tit. 24, § 3514 Grounds for refusal, revocation, or suspension of licenses and registrations [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) A licensee or registrant is subject to disciplinary actions set forth in § 3516 of this title, if, after a hearing, the Board finds that the individual has done any of the following: (1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as a psychologist or a licensed psychology associate, or registration as a doctoral-level psychological assistant or master’s-level psychological assistant; has impersonated another individual who is licensed or registered under this chapter, or allowed another person to use the psychologist’s or licensed psychology associate’s license or doctoral-level psychological assistant’s or master’s-level psychological assistant’s registration, or aided or abetted an individual not licensed as a psychologist or a licensed psychology associate, or registered as a doctoral-level psychological assistant or master’s-level psychological assistant to represent that the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant. (2) a. Been convicted of a crime that is substantially related to the practice of psychology. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction. But if, after consideration of 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 to an initial applicant 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)(2). The Board may not grant a waiver for a conviction of a felony sexual offense. b.-f. [Repealed.] (3) Excessively used or abused drugs. (4) Engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities. (5) Failed to conduct the licensee’s or registrant’s professional activities in conformity with the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA) (hereinafter referred to as the “Ethics Code”); and in conformity with the rules and regulations adopted by the Board to implement the Ethics Code. (6) Violated a lawful provision of this chapter, or any lawful regulation established under this chapter. (7) Had a license, certification, or registration as a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction, if the underlying grounds for the disciplinary action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every individual licensed as a psychologist or a licensed psychology associate and every individual registered as a doctoral-level psychological assistant or master’s-level psychological assistant in this State is deemed to have given consent to the release of disciplinary information by the Board of Examiners of Psychologists or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses. (8) Failed to notify the Board that the licensee’s or registrant’s license, certification, or registration as a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant in another state has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence of the disciplinary action, surrender, suspension, or revocation. (9) While acting as a supervising psychologist or a supervising licensed psychology associate, failed to supervise and take reasonable steps to see that doctoral-level psychological assistants or master’s-level psychological assistants perform services responsibly, competently, and ethically, in accordance with rules and regulations established by the Board. Supervising psychologists and supervising licensed psychology associates are subject to disciplinary action for any acts or offenses that are grounds for disciplinary action when the acts or offenses are undertaken by the doctoral-level psychological assistant or the master’s-level psychological assistant acting under the supervising psychologist’s or supervising licensed psychology associate’s direction or control. (10) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, been convicted of a felony sexual offense. (11) Failed to report child abuse or neglect as required by § 903 of Title 16, or any successor to § 903 of Title 16. (12) Failed to report to the Division of Professional Regulation as required by § 3519 of this title. (13) Engaged in conversion therapy with a child. (14) Referred a child to a provider in another jurisdiction to receive conversion therapy. (b) Whenever a licensee or registrant fails to comply with the Board’s request that the licensee or registrant attend a hearing, the Board may petition the Superior Court to order the licensee’s or registrant’s attendance, and the Court has jurisdiction to issue such order. (c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not restrict, suspend, or revoke a license or registration or limit a licensee’s or registrant’s right to engage in the practice of psychology or to act as a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant until the licensee or registrant has been given notice and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

Del. Code tit. 24, § 3515 Complaints [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) The Division of Professional Regulation shall receive and investigate all complaints, in accordance with § 8735(h) of Title 29. The Division of Professional Regulation shall issue a final written report at the conclusion of its investigation. (b) Whenever it is determined that an individual is engaging in the practice of psychology or is using the title “psychologist” and is not licensed or registered under this chapter, the Board shall apply to the Office of the Attorney General to issue a cease and desist order after formally warning the unlicensed individual in accordance with the provisions of this chapter. (c) The Division of Professional Regulation shall investigate complaints involving allegations of unprofessional conduct or incompetence.

Del. Code tit. 24, § 3516 Disciplinary sanctions [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) Whenever the Board finds that a licensee or registrant has violated § 3514 of this title, the Board may impose 1 or more of the following sanctions: (1) Issue a letter of reprimand. (2) Censure a licensee or registrant. (3) Place a licensee or registrant on probationary status, and require the licensee or registrant to do all of the following: a. Report regularly to the Board upon the matters which are the basis of the probation. b. Limit all practice and professional activities to the areas prescribed by the Board. (4) Suspend any licensee’s license or registrant’s registration. (5) Revoke any licensee’s license or registrant’s registration. (6) Impose a monetary penalty not to exceed $500 for each violation. (7) The Board shall permanently revoke the license or registration of any individual who the Board determines has been convicted of a felony sexual offense. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required the Board to place an individual on probationary status have been remedied. (c) If a formal or informal complaint concerning activity of a licensee or registrant that presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee’s license or registrant’s registration, pending a hearing, upon the written order of the Secretary of State, or the Secretary’s designee, with the concurrence of the Board President, or the Board President’s designee. An order temporarily suspending a license may not be issued unless the individual or the individual’s attorney receives at least 24 hours’ written or oral notice before the temporary suspension so that the individual or the individual’s attorney may file a written response to the proposed temporary suspension. The decision whether to issue the temporary order of suspension must be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended individual requests a continuance of the hearing date. If the temporarily suspended individual requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. An individual whose license or registration has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, if the Board receives the request within 5 calendar days from the date on which the individual received notification of the decision to temporarily suspend the individual’s license or registration. (d) Whenever an individual’s license or registration has been suspended due to a disability of the individual, the Board may reinstate the individual’s license or registration if, after a hearing, the Board is satisfied that the individual is able to practice with reasonable skill and safety. (e) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may impose any disciplinary or corrective measures authorized under this chapter.

Del. Code tit. 24, § 3517 Hearing procedures [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) If a complaint is filed with the Board pursuant to § 8735(h) of Title 29, alleging violation of § 3514 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) All hearings are informal, without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision must be in writing and must include the Board’s reasons for its decision. The Board’s decision must be mailed immediately to the licensee or registrant. (c) If a licensee or registrant disagrees with the action of the Board, the licensee or registrant may appeal the Board’s decision to the Superior Court within 30 days of service or within 30 days of the postmarked date of the copy of the decision mailed to the licensee or registrant. Upon a licensee’s or registrant’s appeal the Court shall hear the evidence on the record. Stays must be granted in accordance with § 10144 of Title 29.

Del. Code tit. 24, § 3518 Reinstatement of a suspended license or registration; removal from probationary status [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may reinstate a suspended license or registration or remove a licensee or registrant from probationary status if, after a hearing, the Board is satisfied that the licensee or registrant has taken the prescribed corrective actions and satisfied all of the conditions of the suspension or the probation. (b) Whenever a license or registration has been suspended due to the licensee’s or registrant’s inability to practice under this chapter, the Board may reinstate the suspended license or registration, if, after a hearing, the Board is satisfied that the licensee or registrant is again able to perform the essential functions of a psychologist, licensed psychological associate, doctoral-level psychological assistant, or master’s-level psychological assistant, with or without reasonable accommodations; and there is no longer a significant risk of substantial harm to the health and safety of the individual or others. (c) Licensees or registrants seeking reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. The Board may also require proof that the licensee or registrant has met the continuing education requirements of this chapter, as appropriate. (d) [Repealed.]

Del. Code tit. 24, § 3519 Duty to report conduct that constitutes grounds for discipline or inability to practice [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) Every licensee under this chapter shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other licensee, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute. (b) Every licensee shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other licensee, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons: (1) Mental illness or mental incompetence. (2) Physical illness, including deterioration through the aging process or loss of motor skill. (3) Excessive use or abuse of drugs. (c) Every licensee shall report to the Division of Professional Regulation, in writing, any information that the reporting licensee reasonably believes indicates that an individual certified and registered to practice medicine in this State is, or may be, guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients for any of the following reasons: (1) Mental illness or mental incompetence. (2) Physical illness, including deterioration through the aging process or loss of motor skill. (3) Excessive use or abuse of drugs. (d) A licensee shall file all reports required under subsections (a), (b), and (c) of this section within 30 days of the licensee becoming aware of any information that the licensee is required to report. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the licensee acted in good faith and without gross or wanton negligence. For purposes of this section, good faith is presumed until proven otherwise, and a complainant must show gross or wanton negligence.

Del. Code tit. 24, § 3531 Exemptions [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) Nothing in this chapter may be construed to prevent the teaching of psychology, the conduct of psychological research, or the provision of services or consultation to organizations or institutions, if such teaching, research, or service or consultation does not involve the direct practice of psychology with individuals or groups of individuals who are the intended beneficiaries of such services. Individuals holding an earned doctoral degree in psychology from an institution of higher education may use the title “psychologist” in conjunction with the activities permitted by this subsection. (b) Nothing in this chapter may be construed to prevent an individual who is a qualified member of other recognized professions from rendering services consistent with the individual’s professional training, the code of ethics of the individual’s respective profession, and the laws of this State, if the individual does not represent themselves to the public by using any title or description stating or implying that the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant, that the individual is licensed as a psychologist or licensed psychology associate, or that the individual is registered as a doctoral-level psychological assistant or a master’s-level psychological assistant. (c) Nothing in this chapter may be construed to restrict the activities of rabbis, priests, ministers, or the clergy of any church, synagogue, religious denomination, or sect, if the activities are within the scope of the performance of their regular or specialized ministerial duties and no separate charge is made, or if such activities are performed, whether with or without charge, for, or under auspices or sponsorship, individually, or in conjunction with others, of an established and legally recognizable church, synagogue, religious denomination, or sect; and the person rendering service remains accountable to its established authority; and if they do not represent themselves to be psychologists, licensed psychological associates, doctoral-level psychological assistants, or master’s-level psychological assistants. (d) Individuals who have been certified as school psychologists by the Department of Education are permitted to use the title “school psychologist” or “certified school psychologist.” But the individuals are restricted in their practice to employment within those settings under the purview of the Department of Education and the State Board of Education. (e) [Repealed].

Del. Code tit. 24, § 3532 Penalty [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) An individual is guilty of a misdemeanor whenever an individual not currently licensed as a psychologist or a licensed psychology associate, or registered as a doctoral-level psychological assistant or master’s-level psychological assistant, under this chapter, does any of the following: (1) Engages in the practice of psychology. (2) Acts as a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant. (3) Uses, in connection with the individual’s own name, or otherwise assumes or uses any title or description that conveys or tends to convey the impression that the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant. (b) Upon the first offense, the individual is subject to a fine of not less than $500 nor more than $1,000 for each offense and, in addition, may be imprisoned for not more than 1 year. For each subsequent offense, the individual is subject to a fine of not less than $1,000 nor more than $2,000. The Superior Court has jurisdiction over all violations of this chapter.

Del. Code tit. 24, § 3533 Treatment records; discontinuation of a practice; termination of a patient relationship; death of a licensee [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) (1) A licensee shall provide notice to all affected patients at least 30 days before doing any of the following: a. Discontinuing a psychology practice in this State if the licensee is not transferring patient records to another provider in this State. b. Terminating a patient relationship. (2) The notice required under paragraph (a)(1) of this section must include all of the following: a. Instructions on how the patient can obtain the patient’s records. b. The name, phone number, and address of providers in the area who may be available to accept new patients who require the same medical care. c. The date the licensee will discontinue services. (3) The notice required under paragraph (a)(1) of this section must be provided through all of the following methods: a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system. b. A letter sent by first-class mail. (4) When a licensee is closing a psychology practice and patient records will no longer be available at the licensee’s place of business, the licensee shall notify the Board of how former patients can obtain the patient’s records. (b) (1) If a licensee dies and has not transferred patient records to another provider or arranged for the transfer of patient records upon the the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s patients of record by doing all of the following: a. Publishing a notice in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee’s death. b. Providing notice to all patients of record who have not requested their records within 30 days after publishing the notice published under paragraph (b)(1)a. of this section through all of the following methods: 1. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system. 2. A letter sent by first-class mail. (2) The notice required under paragraph (b)(1) of this section must include all of the following information: a. That the licensee has died. b. How the patient can obtain the patient’s records. (3) The personal representative of the licensee’s estate shall notify the Board of how a former patient may obtain the patient’s records. (c) (1) If a patient changes from the care of a licensee to another provider, the licensee shall transfer, with the patient’s written consent, the patient’s records to the new provider upon the request of either the patient or the new provider. (2) If the patient and licensee agree, the licensee may forward a summary of the patient’s record to the new provider in lieu of transferring the entire record, at no charge to the patient. (d) (1) Patients have the right to obtain a copy of their records from a licensee. (2) Unless a patient is requesting a copy of their records under subsection (a) or (b) of this section to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to 1 or more of the following charges: a. The reasonable expenses of copying the patient’s records, according to the payment schedule established under paragraph (d)(3) of this section. b. The actual cost of postage or shipping, if the records are mailed or shipped. c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction. (3) The Board shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually. (4) The licensee or the licensee’s third-party release-of-information service may require payment of all costs allowed under paragraph (d)(2) of this section before providing the copies of the records. (e) This section does not apply to a licensee who has seen or treated a patient on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following: (1) The referring provider. (2) A hospital or an agency that has provided treatment for the patient. (f) A licensee has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for patient records, unless a faster response is medically necessary. (g) (1) A licensee may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the dates of any the following events: a. Discontinuing business in this State. b. The last entry in the patient’s record after terminating the patient relationship or the patient changes from the care of the licensee to another provider. (2) Seven years after the death of the licensee, the licensee’s personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records. (3) A licensee, or the personal representative of the licensee who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of disposing of a patient’s records. (h) The Board may find that a licensee who violates this section has committed unprofessional conduct, and any aggrieved patient, or the patient’s personal representative, may bring a civil action for damages or injunctive relief against the licensee.

Del. Code tit. 24, § 3534 Appointment of a custodian of patient records [For application of this section, see 85 Del. Laws, c. 317, § 25].

(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a licensee’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a psychology practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the licensee’s patient records after an investigation is completed under § 8735(h) of Title 29. (b) (1) The custodian of patient records appointed under subsection (a) of this section shall notify the licensee’s patients of record of the custodian’s appointment by doing all of the following: a. Publishing notice in a newspaper of general circulation in the area where the licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment. b. Sending, by first-class mail, notice to all patients of record who have not requested their records within 30 days after publication of the notice published under paragraph (b)(1)a. of this section. (2) The notice required under paragraph (b)(1) of this section must include all of the following information: a. That the licensee has died. b. How the patient can obtain the patient’s records. (c) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records. (d) A custodian who disposes of patient records under subsection (c) of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c035/sc01/index.htmlFetched: 10/4/2026