HOUSE BILL NO. 182
AS AMENDED BY HOUSE AMENDMENT NOS. 2, 3
AND HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 3
AND HOUSE AMENDMENT NO. 4
AN ACT TO AMEND CHAPTER 35, TITLE 24, DELAWARE CODE, RELATING TO THE PRACTICE OF PSYCHOLOGY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §3501, Chapter 35, Title 24, Delaware Code, by adding a new paragaraph as follows:
"(4) 'Psychological services' mean the application of psychological principles and procedures for the purpose of understanding, predicting, or influencing the behavior of individuals in order to assist in their attainment of maximum personal growth; optimal work, family, school and inter-personal relationships; and healthy personal adjustment. The application of psychological principles and procedures includes, but is not limited to any of the following: interviewing, counseling, and psycho-therapy; administering and interpreting instruments for the assessment and evaluation of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions and motivation; diagnosis, prevention, and amelioration of adjustment problems; hypnosis, the resolution of interpersonal and social conflict; educational and vocational counseling; personnel selection; and the evaluation and planning for effective work and learning situations. Teaching, writing, the giving of public speeches or lectures, and research concerned with psychological principles or the application of psychological services arc not included in professional psychological services within the meaning of this act."
Section 2. Amend §3502, Chapter 35, Title 24, Delaware Code, by striking subsection (b) and inserting in lieu thereof a new subsection (b) as follows:
"(b) The Board shall consist of 6 members, appointed by the Governor, who are residents of this State. Five members shall be psychologists, appointed from a list of names submitted by the Delaware Psychological Association, and the sixth member shall be a layman who is not directly associated with the behavioral sciences."
Section 3. Amend §3502, Chapter 35, Title 24, Delaware Code, by striking subsection (c) and inserting in lieu thereof a new subsection (c) as follows:
"(e) Al] psychologists appointed to the Board shall be licensed to practice psychology under this chapter. At least 3 members of the Board shall be engaged in the practice of an applied field of psychology."
Section 4. Amend §3503, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"§3503. Compensation; expenses.
Each member of the Board shall receive as compensation a sum not to exceed 850 for cacti day actually engaged in the ditties of the office or $500.00 maximum per member each year, which sum shall include compensation for all expenses incurred by such member."
Section 5. Amend §3504, Chapter 35, Title 24, Delaware Code, by striking the word "special" in subsection (a).
Section 0. Amend §3504, Chapter 35, Title 24, Delaware Code, by striking subsection (b) in its entirety and substituting in lieu thereof the following:
"The Board shall elect annually a President, Vice President and Secretary. A quorum of the Board shall consist of 4 members."
Section 7. Amend §3505, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting the following:
"§3505. Records; Rules & Regulations
(a) The Board shall keep a register of all applications for licenses and a record of its proceedings. Such records shall be prima facie evidence of the proceedings of the Board.
(b) The Board may make any rules and regulations not inconsistent with the laws of this State which it deems necessary or expedient for the effective enforcement of this chapter or for the full and efficient performance of its duties hereunder."
Section 8. Amend §3506, Chapter 35, Title 24, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:
"SUBCHAPTER 11. LICENSE TO PRACTICE PSYCHOLOGY §3506. License for the practice of psychology.
No person shall hold himself out to the public in this State as being qualified to practice psychology, or provide psychological services, or use in connection with his name or otherwise assume or use any title or description conveying or tending to convey the impression that he is qualified to practice psychology, or provide psychological services, unless such person has been duly licensed under this subchapter."
Section 9. Amend §3507, Chapter 35, Title 24, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:
"§3507. General Requirements for Licensing.
(a) Any applicant for the private practice of psychology shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Is domiciled in the State of Delaware at time of licensing or, if not domiciled in Delaware, has worked full time as a psychologist in the State of Delaware for a six-month period immediately prior to time of license application; and
(2) 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 accredited college or university having a graduate program in psychology, and who:
(i) Has had, after receiving the doctoral degree, at least 2 years of supervised experience in psychological work of a type satisfactory to the Board; or
(ii) Has had at least 5 years of supervised experience in psychological work of a type satisfactory to the Board after receiving the master's degree, provided that such person has the doctoral degree; and
(3) Is competent in the practice of psychology, as shown by examination, written or oral, or both, as the Board deems necessary; and
(4) Has not, within the preceding 6 months, failed an examination given by the Board or a comparable agency of another State.
(b) Any psychologist and who is either licensed or certified by a similar Board of another State, or territory of the United States, or of a foreign country or province whose standards, in the opinion of the Board, are, at the date of his certification or licensurc, equivalent to or higher than the requirement of this Act, may be issued a temporary license not to exceed one year by the Board for the practice of psychology until such time as the Board conducts its regular licensing examinations."
Section 10. Amend §3508, Chapter 35, Title 24, Delaware Code, by deleting subsection (c) in its entirety.
Section 11. Amend §3510, Chapter 35, Title 24, Delaware Code, by striking subsection (a) in its entirety and substituting in lieu thereof the following:
"(a) The Board shall set by regulation fees for license applications, examinations, license renewals, temporary licenses, delinquent payments, and license replacement."
Section 12. Amend §3512, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"§3512. Expirations and Renewals.
Licensees shall be required to renew their license on the date set pursuant to 29 Del. C. §7904 (b). Failure to renew the license shall provide grounds for suspension of the license. The license may be reinstated at the discretion of the Board after payment of the regular renewal fee plus a delinquent fee.
Section 13. Amend §3513, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"§3513. Revocation or Suspension of Licenses.
GO The Board may revoke or suspend the license of anyone who is found guilty of:
(1) The practice of any fraud or deceit in obtaining a license, impersonating another person holding a license or allowing another person to use his license, or aiding or abetting a person not licensed to practice psychology in representing himself as a psychologist:
(2) Any offense involving moral turpitudes;
(3) Fraud, deceit, or misconduct in any relationships with clients;
(4) Using any chemical, drug or alcoholic beverage to the extent that such use impairs his ability to perform the work of a psychologist;
(5) Advertising in a way that may deceive the public or that may be harmful to public morals or safety.
(6) Making public claims of superiority in training or skill as a psychologist or in the performance of professional service;
(7) Using psychological techniques solely for entertainment purposes or other unprofessional and unscientific ,purposes unrelated to the promotion of human welfare;
(8) Engaging in a area of psychological practice in which he is, in the opinion of the Board, grossly incompetent;
(9) Any form of unethical conduct as defined in "Ethical Standards for Psychologists", adopted and published by the American Psychological Association in 1977, as revised.
(b) The Board or any aggrieved person may prefer charges against anyone licensed to practice psychology in this State concerning any of the activities listed in subsection (a) above. Such charges shall be in writing and shall be filed with the Secretary of the Board. The Board shall have the right to investigate complaints. Findings resulting from the Board's investigation may constitute sufficient reason to hold a hearing.
(e) All charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within 3 months after the date on hieh they were preferred, unless the President of the Board grants an extension of 1 month for the date of such hearing.
(d) The time and place for such 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 licensee at least 30 days before the date fixed for the hearing. At such hearing, the licensee shall have the right to appear personally and be represented by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own behalf. If, after such a hearing, 4 or more members of the Board find the licensee guilty of the charges, the Board shall revoke or suspend his license or take such action as the Board deems appropriate."
Section 14. Amend §3516, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"§3516. Use of Title.
(a) It is specifically prohibited that any individual present himself or that any organization present itself to the public by any title incorporating the name 'psychological', 'psychology', or 'psychologist', unless licensed in accordance with the provisions of this chapter, except as follows:
(1) Persons employed as psychologists by recognized academic institutions, agencies of the Federal Government, State or its political subdivisions, research laboratories, or corporations, solely for the purpose of providing psychological services to the corporation or its employees and not to the public, may represent themselves by the title conferred upon them by their employers. Nothing in this chapter shall be construed as permitting such persons or organizations to act as consultants or to accept remuneration for any psychological services other than those rendered during performance of their official duties, unless they have been licensed under this chapter.
(2) Visiting lecturers from recognized colleges or universities, laboratories and business corporations are exempt from the provisions of this section and may utilize their academic research title when presenting lectures or offering their research findings or providing scientific information to similar institutions or organizations.
(3) Students of psychology, psychological interns and other persons preparing to be come professional psychologists and who will be under qualified supervision in recognized training institutions or facilities may be designated by such titles as 'psychological intern', 'psychological trainee' or other titles clearly indicating such training status. In no instance shall students or interns offer psychological services to the public for remuneration, monetary or otherwise.
(b) Persons employed as psychologists by organizations that sell psychological services, whether for a profit or not to the public in this State shall not be exempted."
Section 15. Amend §3517, Chapter 35, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:
"§3517. Limitations on Scope of Chapter.
(a) This chapter shall not apply to the activities and services of a student, intern or a resident in psychology pursuing a course of study approved as qualifying training and experience under the terms of this chapter.
(b) This chapter shall not apply to those psychologists employed by recognized academic institutions, the Federal Government, the State or its political subdivisions, research laboratories or corporations, except professional service corporations chartered under 8 Del. C., chapter 6, unless such research laboratories or corporations sell psychological services whether for a profit or not to the public.
(c) 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 therapy or in any way infringing upon the practice of medicine as defined by the laws of this State.
(d) Nothing in this chapter shall be construed to prevent qualified members of other professional groups, licensed or registered according to the laws of Delaware and acting within the scope of the activity for which they are licensed or registered,
from doing work of a psychological nature consistent with the accepted standards of their respective professions; provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are psychologists or are licensed to practice psychology.
(e) This chapter shall not apply to those psychologists not residents of this State who render professional services in this State for less than 6 days in any calendar year.
(f) Nothing in this chapter shall be construed to prevent or require licensing of religious counseling or any counseling of a spiritual nature such as confessionals or other forms of religious ministrations and this chapter is not to be applied to any Minister of any religious denomination to limit or otherwise control the religious functions thereof.
(g) Nothing in this chapter should be construed to prevent qualified counselors from doing work of a psychological nature consistent with the accepted standards of their profession, provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are psychologists or licensed to practice psychology."
Section 16. Amend Section 3509, Chapter 35, Title 24, Del. C., by striking said section in its entirety.
Approved July 8, 1980.