CHAPTER 371

FORMERLY

SENATE BILL NO. 380

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER III, CHAPTER 35, TITLE 24, DELAWARE CODE RELATING TO THE APPLICABILITY OF THE PROVISIONS OF CHAPTER 223, VOL. 65, LAWS OF DELAWARE, RELATIVE TO THE LICENSURE REQUIREMENTS OF PSYCHOLOGISTS.

WHEREAS, the provisions of Chapter 223, Vol. 65, Laws of Delaware being 5.13. No. 281 of the 133rd General Assembly, grandfathered in employees working for the state, at institutions operated by the State or political subdivisions of the State, before July 31, 1985; and

WHEREAS, Mr. Michael Betts was hired as a clinical psychologist at the Kent-Sussex Community Mental Health Center on December 2, 1985; and

WHEREAS, in January of 1986 the legislature enacted into law S.8. 281 which placed more stringent requirements on the licensure of psychologist in this state.

WHEREAS, during the period a number of events occurred one (1) of which included an evaluation by Maintenance Review determining that Mr. Betts' position should be a psychologist III for which the necessary paperwork was processed to accomplish this; however, it was not feasible for the Division of Alcoholism, Drug Abuse and Mental Health to assign a supervisor to him to comply with the law because the Division did not have any licensed psychologists in the downstate area; and

WHEREAS, in May of 1989 an evaluation was made by "Maintenance Review" determining that Mr. Betts' position should be that of a psychologist III and paperwork was processed making him a psychologist II at a pay grade 16; and

WHEREAS, the Division needs to employ a licensed psychologist in Mr. Betts' position in order to comply with the law and provide the required mental health services; and

WHEREAS, Mr. Betts' has in the meantime been certified as eligible for a psychiatric social worker III at pay grade 15 which he has accepted in order to retain employment with the Kent/Sussex Community Mental Health Center; and

WHEREAS, in view of these unique and unusual circumstances which have lasted over a two year period, management supports this request of Mr. Betts' to be grandfathered in the law because it was no fault on the part of Mr. Betts that resolution of this dilemma has drawn on for this length of time; and

WHEREAS, Mr. Betts was actually placed in a precarious position being hired as a clinical psychologist on December 2, 1985 when the law did not require that he be under the supervision of a licensed psychologist and later when the Delaware General Assembly passed S.B. 281 tightening the requirements, and requiring a licensed psychologist to supervise him, it left Mr. Betts in a quandary which he had nothing to do with, nor was he apprised of this unfortuitous situation.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3517(i) of Subchapter III, Chapter 35„ Title 24, D.C. by striking the date "July 31, 1985" as the same appears in said subsection (i) and substituting in lieu thereof the date of "December 31, 1985".

Approved July 17, 1990.