CHAPTER 415

AN ACT TO REGULATE THE PRACTICE OF PSYCHOLOGY IN DELAWARE, AS HEREIN DEFINED; TO CREATE A "STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS"; TO PRESCRIBE THE POWERS, DUTIES AND LIMITATIONS OF SAID BOARD; TO FIX PENALTIES FOR THE VIOLATION OF THIS ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 24 of the Delaware Code is amended by adding thereto a new chapter to read as follows:

CHAPTER 35. PSYCHOLOGY

SUBCHAPTER 1. DEFINITIONS

§ 3501. Definitions

As used in this chapter—"Psychologist" means a person who holds himself out to the public by any title or description of services incorporating the words "psychological", "psychologist", or "psychology", and under such description offers to render or renders to individuals, corporations, institutions, governmental agencies, or to the public for remuneration any service involving the application of established principles of learning, motivation, perception, thinking, and emotional relationships to problems of personnel evaluation, group relations, and behavior adjustment. The application of said principles includes but is not restricted to, interviewing, counseling, and the use of psychotherapeutic measures, with persons or groups with adjustment problems in the areas of work, family, school, and personal relationships; measuring and testing of personality, intelligence, aptitudes, emotions, public opinions, attitudes, and skills, and doing research on problems relating to human behavior, as well as over-all personality appraisal or classification, personality counseling, psychotherapy, or personality readjustment.

SUBCHAPTER II. BOARD OF EXAMINERS OF PSYCHOLOGISTS

§ 3511. Board of Examiners of Psychologists; appointment; qualifications; term; vacancies; oath

(a) There is created a State Board of Examiners of Psychologists, who shall administer the provisions of this Chapter.

(b) The Board shall consist of five qualified persons who shall be appointed by the Governor and whose functions it shall be to examine applicants for certificate as psychologist.

(c) Members of the Board.

(1) Each member of the board shall be a citizen of the United States, a resident of this State at the time of appointment and a certified psychologist under the provisions of this Act, except for the members comprising the board as first appointed who shall be persons who have been engaged in rendering service, teaching, or research in psychology for a period of at least five years.

(2) To insure adequate representation of the diverse fields of psychology, the board shall at all times, except for vacancies, have one member chosen from and shall be a member of the faculty of an accredited college or university in the State, and shall be primarily engaged in teaching, research and/or administration of a department of psychology. Two members shall be full time clinical psychologists. One member shall be a full time school psychologist. One member shall be a full time industrial or personnel psychologist.

(d) Persons appointed to the Board initially shall be appointed for the following terms: Two members for two years, three members for three years. Thereafter members shall be appointed for a term of three years.

(e) All appointments to the Board shall be made from a list of qualified members of the Delaware Psychological, Association to be furnished to the Governor by said Association.

(f) Appointments to fill a vacancy occurring otherwise than through the expiration of a term, shall be for the unexpired term. Only an academic psychologist shall be appointed to succeed an academic psychologist. Only clinical psychologists shall be appointed to succeed clinical psychologists. Only an industrial or personnel psychologist shall be appointed to succeed an industrial or personnel psychologist, and only a school psychologist shall succeed a school psychologist.

(g) Every member of the Board shall receive a commission of his appointment from the Governor, and before beginning his term of office, shall file with the Recorder of Deeds in the County in which he resides his written oath or affirmation for the faithful discharge of his official duty.

§ 3512. Removal of members from the Board

The Governor may remove any member of the Board for misconduct, incompetency, neglect of duty or for any other sufficient cause.

§ 3513. Compensation and expenses

Each member of the Board shall receive a per diem allowance not in excess of $15 per day as determined by the State Treasurer for the time spent in the performance of his official duties and shall be reimbursed for all proper traveling and incidental expenses in carrying out the provisions of this Chapter.

§ 3514. Organization; meetings; officers; quorum

(a) The Board shall hold regular meetings, at least twice each year, one to be held in Dover and one in Wilmington, and special meetings at such times as the Board or the President shall determine.

() The Board shall elect annually a President, Vice-President and Secretary-Treasurer. A quorum of the Board shall consist of not less than four members.

§ 3515. Powers

(a) The Board may adopt and amend all rules and regulations not inconsistent with the Constitution and laws of this State, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it.

(b) The Board shall adopt and have an official seal, which must be affixed to all certificates issued by the Board.

(c) The Board shall be empowered to accept grants from foundations or institutions to develop tests, to participate in research, and to carry on its functions.

(d) In carrying into effect the provisions of this Chapter, the Board, under the hand of its President and the seal of the Board, may subpoena witnesses and compel their attendance and also may require the production of books, papers, documents, etc., in a case involving the revocation of registration or practicing or offering to practice without registration.

(e) Any member of the Board may administer oaths and affirmations to witnesses appearing before the Board.

(f) If any person refuses to obey any subpoena so issued or refuses to testify or produce any books, papers, or documents, the Board upon notice to the person may present its petition to the Superior Court of any county setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person requiring his attendance before such Court and here to testify or to produce such books, papers and documents as may be deemed necessary and pertinent by the Board.

(g) Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.

§ 3516. Receipts and disbursements; employees

(a) All money received by the Board shall be paid over to the State Treasurer and shall be credited to the General Fund of the State, in accordance with Chapter 61 of Title 29, Delaware Code.

(b) All disbursements made by the Board for per diem allowances, expenses or other authorized expenditure shall be paid by the State Treasurer, out of funds appropriated by the General Assembly for such purpose, on vouchers signed by the President and attested by the Secretary-Treasurer of the Board. The Secretary-Treasurer of the Board shall give surety bond to the State in such sum as the Board may determine. The premium on such bond shall be regarded as a proper and necessary expense of the Board. The Board may employ such clerical or other assistants as are necessary for the proper performance of its work and may make expenditures of this fund for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under this Chapter.

§ 3517. Records and Reports

(a) The Board shall keep a record of its proceedings and a register of all applications for registration, which register shall show:

(1) The name, age and residence of each applicant

(2) The date of the application

(3) The place where the applicant normally and usually engages in the professional activities for which certification is applied for

(4) The qualifications of the applicant

(5) Whether or not an examination was required

(6) Whether the applicant was rejected and the reasons for such rejection

(7) Whether a certificate of registration was granted

(8) The date of the action of the Board, and

(9) Such other information as may be deemed necessary by the Board.

(b) The records of the Board shall be prima facie evidence to the proceedings of the Board set forth therein. A transcript thereof, duly certified by the Secretary-Treasurer of the Board, under seal, shall be admissible in evidence with the same force and effect as if the original was produced.

(c) Annually, prior to December 1, the Board shall submit to the Governor, a report of its transactions for the fiscal year ending June 30, and shall also transmit to him a complete statement of the receipts and expenditures of the Board, attested by affidavits of its President and its Secretary-Treasurer.

§ 3518. Legal Advisors

The Attorney General or any Deputy Attorney General of this State shall act as legal advisor of the Board, and render such legal assistance as may be necessary in carrying out the provisions of this Chapter.

SUBCHAPTER III. REGISTRATION OF PSYCHOLOGISTS

§ 3521. Requirements for registration

Any persons holding themselves out to the general public as a psychologist in this State, shall submit evidence that they are qualified as such psychologist and shall be registered as provided in this subchapter. No person shall hold himself out to the public, in this State, as being a qualified psychologist, as defined in § 3501 of this Chapter, or use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a psychologist unless such person has been duly registered under the provisions of this subchapter.

§ 3522. General requirements for registration

Any applicant is qualified for registration as psychologist who submits evidence, verified by oath and satisfactory to the Board, that Ile:

(1) Is of good moral character

(2) Is a citizen of the United States

(3) Has received a doctoral degree based in part upon a psychological dissertation and on a program of studies the content of which was primarily psychological from an educational institution having a graduate program approved by the Board

(4) Has had, after receiving the doctoral degree at least two years of supervised experience in psychological work of a type satisfactory to the Board as qualifying in nature, if the applicant is seeking examination and registration in the field of clinical psychology

(5) Is competent as a psychologist, as shown by passing such examination, written or oral, or both, as the Board deems necessary

(6) Is not considered by the Board to be engaged in unethical practice, and

(7) Has not within the preceding six months, failed an examination given by the Board or a comparable agency of another state.

§ 3523. Registration under special conditions

For a period of two years from the effective date of this Act, the Board may waive either or both an assembled examination or the requirements of § 3522, (3) of this Chapter, if it deems such action to be in the public interest; and may qualify for appropriate registration any person who meets the requirement of § 3522 (1) (2) of this Chapter who is qualified by experience to practice psychology, and who has engaged in such practice of a nature satisfactory to the Board for at least three years full time, or its equivalent, within three years prior to the effective date of this Act.

The Board, at its discretion, may also qualify for registration without examination any person who has been certified by the American Board of Examiners in Professional Psychology.

Any person having the necessary qualifications described' in this Chapter to entitle him to registration, shall not be eligible for such registration unless he be at least twenty-one years of age.

§ 3524. Applications and references

Application for registration shall:

(1) Be on forms prescribed and furnished by the Board

(2) Contain statements made under oath showing the applicant's education and detailed summary of his qualifying experience.

§ 3525. Registration fees

(a) The registration fee for a psychologist shall be as determined by the Board, but not to exceed $50.00. No part of any fee shall be returnable under any circumstance other than failure of the Board to hold examinations at the time originally announced, whereupon the entire fee may be returned at the option of the applicant.

(b) The Board shall be empowered to charge a fee, at its discretion, but not to exceed $25.00 for registration without examination, as provided in § 3523 of this Chapter.

§ 3526. Certificates; significance; publication

(a) The Board shall issue a certificate of registration to any applicant who has complied with the requirements of Sections 3521, 3522 or 3523, 3524 and 3525 of this Chapter and who, in the opinion of the Board, has satisfactorily met all requirements of this Chapter. The certificate shall:

(1) Show the full name of the registrant

(2) Have a serial number, and

(3) Be signed by the President and Secretary-Treasurer of the Board under seal of the Board.

(b) The issuance of a certificate of registration by the Board shall be prima facie evidence that the registrant is entitled to all the rights and privileges of the classification of psychologist named therein, while the certificate remains unexpired or unrevoked.

(c) The Secretary-Treasurer of the Board shall issue a list of certificate holders, revised and published biannually.

§ 3527. Reciprocity

The Board may upon proper application, and upon the payment of the fee for registration without examination, without examination issue a certificate of registration as a psychologist to any person who holds a certificate of qualification or registration issued to him by the proper authorities of any state or district of the United States, provided that the requirements for the registration of psychologists under which such certificate of qualification or registration was issued, do not conflict with the provisions of this Chapter and are of a standard not lower than that specified in this Chapter, provided the same rights are given to psychologists of this State.

§ 3528. Expirations and renewals

Each two years following the issuing of a certificate of registration, the holder of such certificate shall be required to pay a certificate renewal fee not to exceed $10.00. The Secretary-Treasurer of the Board shall notify certificate holders of this obligation, allowing a grace period of six months. Failure to renew the certificate shall provide grounds for suspension of the certificate. The certificate may be reinstated at the discretion of the Board, after payment of delinquent renewal fees.

§ 3529. Revocation of certificate

(a) The Board may revoke the certificate of registration of any registrant who N found guilty of:

(1) The practice of any fraud or deceit in obtaining a certificate of registration

(2) A felony, or of any offense involving moral turpitude

(3) Using any narcotic or any alcoholic beverage to an extent that such use impairs his ability to perform the work of a psychologist with safety to the public

(4) Advertising in a way that has a tendency to deceive the public, or that may be harmful to public morals or safety

(5) Making public claims of superiority, in training or skill, as a psychologist or in the performance of professional services

(6) Impersonating another person holding a psychologist certificate or registration or allowing another person to use his certificate

(7) Aiding or abetting a person, not a certified psychologist in representing himself as a psychologist;

(8) Communicating, without the consent of the client, information acquired in dealing with the client necessary to enable the psychologist to act for such client;

(9) The use of psychological techniques for entertainment only, or other purposes not consistent with the development of psychology as a profession, as a science, and as a means of promoting human welfare;

(10) Engaging in an area of psychological practice in which he is, in the opinion of the Board, grossly incompetent;

(11) Any form of unethical conduct as defined in "Ethical Standards for psychologists" as adopted and published by the American Psychological Association, 1953 and as revised.

(b) Any person may prefer charges of fraud, deceit, gross negligence or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary-Treasurer of the Board.

(c) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within three months after the date on which they shall have been preferred.

(d) The time and place for the hearing shall be fixed by the Board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of the registrant, at least 30 days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear personally, and by counsel to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense. If after such a hearing, three or more members of the Board vote in favor of finding the accused guilty, the Board shall revoke the certificate of registration of such registrant.

§ s 3530. Reissuance of revoked certificate; replacement of other certificate

(a) An applicant whose certificate of registration has been revoked may become eligible for a new certificate after one year from the date of revocation of certificate, at the discretion of the Board and upon meeting all the requirements of this Chapter.

(b) A new certificate of registration to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge not to exceed $5.00 shall be made for such issuance.

§ 3531. Appeals

Any person who feels aggrieved by any action of the Board in denying, revoking, or failing to reissue his certificate of registration, may appeal therefrom to the Superior Court of the county in which such person resides. The decision of the Board shall be prima facie correct and the burden of proof shall be on the appellant to show that the Board acted contrary to law, fraudulently, arbitrarily, or capriciously. The appellant shall be heard on the records and proceedings of the Board, which shall be certified to the Court by the Board within 15 days after service on the Board of a notice of appeal. The court may affirm, reverse or modify the decision of the Board and the decision of the Court shall be final.

§ 3532. Use of title

It is specifically prohibited that any individual or organization shall present himself or be presented to the public by any title incorporating the name "psychological", "Psychologist", or "psychology", other than those certified as registered in accordance with the provisions of this Chapter, except that any psychological scientist employed by a recognized research laboratory, college or university may represent himself by the academic or research title conferred upon him by the administration of such laboratory, college or university. Nothing in this Chapter shall be construed as permitting such persons to offer their service to any other persons or organizations as consultants or to accept remuneration for any psychological services other than that of their institutional salary unless they have been certified as registered under this Act. Visiting lecturers from recognized laboratories, colleges or universities are exempt from the provisions of this Section and may utilize their academic or research title when presenting lectures to similar institutions or organizations. Students of psychology, psychological internes and other persons preparing for the profession of Psychologist under qualified supervision in recognized training institutions or facilities may be designated by such titles as "Psychological Interne", "Psychological Trainee", or others clearly indicating such training status.

§ 3533. Limitation on scope of chapter

(a) The provisions of this Chapter shall not apply to:

(1) The activities, services, and use of the title "Psychologist", or any title incorporating the words psychologist, psychology, or psychological on the part of any person in the employ of a federal, state, county or municipal agency, or other political subdivision, or a duly chartered education institution or any corporation, insofar as such services are a part of the duties in his salaried position.

(2) The activities and services of a student, interne, or a resident in psychology, pursuing a course of study approved as qualifying training and experience under the terms of this Chapter, provided that such activities and services constitute a part of his supervised course of study.

(3) The activities and services on the part of a person who has fulfilled requirements of § 3522, (1) (2) (3) (5) (6) (7) of this Chapter and is fulfilling requirement (4) of § 3522 of this Chapter, provided that the period of the experience of such person in carrying on such services and activities does not exceed an aggregate of 36 months subsequent to the attainment of the other requirements except examination, necessary for qualification as registrant in accordance with this Chapter, and provided that the title used by such person is in accordance with and is not prohibited by § 3532 of this Chapter.

(b) Nothing in this Chapter shall be construed as permitting the use of those forms of psychotherapy which involve the administration or prescription of drugs or electroshock or in any way infringing upon the practice of medicine as defined by the laws of this State.

§ 3534. Privileged communications

The confidential relations and communications between a psychologist registered under provisions of this Chapter and his client are placed on the same basis as those provided by law between attorney and client, and nothing in this Article shall be construed to require any such privileged communications to be disclosed except as provided for by law.

§ 3535. Separability

If any Section of this Act, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other Section or part thereof.

§ 3536. Violations and penalty

(a) Whoever violates the provisions of this Chapter, if no other penalty is provided, shall be fined not more than $500.00 nor less than $100.00, or be imprisoned not more than one year.

(b) The Superior Court of the State of Delaware shall have jurisdiction over offenses committed under this Chapter.

Section 2. There is hereby appropriated to the Board of Examiners of Psychologists for the fiscal year commencing July 1, 1962, the sum of $600 for the purposes of affecting this Act.

Section 3. The appropriation herein is a supplemental appropriation and the moneys so appropriated shall be paid out of moneys in the General Fund of the State of Delaware not otherwise appropriated.

Approved June 11, 1962.