CHAPTER 57

FORMERLY

SENATE BILL NO. 61

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 35, TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY.

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

Section 1. Amend Title 24 of the Delaware Code by striking Chapter 35 in its entirety and substituting in lieu thereof the following:

"CHAPTER 35. PSYCHOLOGY

Subchapter I Board of Examiners of Psychologists

§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.

§3502. Definitions

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) 'Board' shall mean the State Board of Examiners of Psychologists established in this chapter.

(2) 'Excessive use or abuse of drugs' shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs his or her ability to perform the work of a psychologist.

(3) 'Person' shall mean a corporation, company, association and partnership, as well as an individual.

(4) 'Psychologist' shall mean a person who represents himself or herself to the public by any title or description of services incorporating the words 'psychology,' 'psychological,' psychologist,' or who engages in the practice of psychology.

(5) 'Psychological Assistant' shall mean a person, who is registered with the Board to perform certain functions within the practice of psychology, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title 'psychological assistant.' The Board in its Rules and Regulations will specify the arrangements for supervision by the licensed psychologist.

(6) 'Practice of Psychology shall mean the observation, description, evaluation, interpretation, and/or modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health.

The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics, such as, intelligence, personality, abilities, interests, aptitudes, and neuropsychological function; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury, or disability; and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, organizations, institutions and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether or not payment is received for services rendered.

(a) 'Psychological testing' shall mean, but not be limited to: administration and interpretation of standardized intelligence and neuropsychological tests which yield an intelligence quotient and /or are the basis for a diagnosis of organic brain syndromes for the purposes of classification and/or disability determination; and,

(b) the administration and interpretation of psychological tests which are the basis of a diagnosis of mental or emotional disorder.

(7) 'Supervising Psychologist' shall mean a psychologist licensed in this state who has practiced as a licensed psychologist for two years in this or any other jurisdiction and who applies to the Board for the registration of a psychological assistant.

(8) 'Supervision' shall mean the face-to-face consultation between the registered psychological assistant and the supervising psychologist as required by the nature of the work of the psychological assistant. The supervising psychologist is responsible for insuring that the extent, kind, and quality of the services rendered by the psychological assistant are consistent with the person's education, training and experience.

§3503. Board of Examiners of Psychologists: appointments: qualifications: term' vacancies: suspension or removal: unexcused absences: compensation

(a) There is created a State Board of Examiners of Psychologists which shall administer and enforce this chapter.

(b) The Board shall consist of 9 members appointed by the Governor, who are residents of this state: Five of whom shall be psychologists licensed under this chapter and 4 public members. At least 3 members of the Board shall be engaged full time in the practice of psychology. The public members shall not be, nor ever have been, psychologists or psychological assistants, nor members of the immediate family of a psychologist or psychological assistant; shall not have been employed by a psychologist or psychological assistant; shall not have a material interest in the providing of goods and services to psychologists or psychological assistants; nor have been engaged In an activity directly related to psychology. The public members shall be accessible to Inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for one additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. Persons who are members of the Board on the effective date of this Act shall complete their terms.

(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served.

(e) Any act or vote by a person appointed in violation of this section shall be 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 such an amendment or revision amends this section to permit such an appointment.

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of psychologists.

(h) The provisions set forth for 'employees' in Chapter 58, Title 29 of the Delaware Code shall apply to all members of the Board, 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 fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive not more than $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

§3504. Organization: meetings: officers: quorum,

(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary; or, at the request of a majority of the Board members.

(b) The Board shall elect annually a President, Vice-President and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself for more than 2 consecutive terms.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 5 members of the Board.

(d) Minutes of all meetings shall be recorded, and copies shall 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 shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.

§3505. Records,

The Division of Professional Regulation shall keep a register of all applications for license as a psychologist or for registration of psychological assistants, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

§3506. Powers and duties,

(a) The Board of Examiners of Psychologists shall have authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall 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 persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on the EPPP;

(4) Provide for the administration of all examinations, including notice and information to applicants. The Board shall adopt the administration, grading procedures, and passing score of the Association of State and Provincial Psychology Boards (ASPPB), or of a comparable alternative national or regional examination, if a national examination is not available;

(5) Establish minimum education, training, and experience requirements for licensure as psychologists and for registration as psychological assistants;

(6) Evaluate the credentials of all persons applying for a license to practice psychology in Delaware and persons for whom registration as a psychological assistant is requested, in order to determine whether such persons meet the qualifications for licensing or registration set forth in this chapter.

(7) Grant licenses to, and renew licenses and registrations of, all persons who meet the qualifications for licensure and/or renewal of licenses; and, register persons who meet the qualifications to act as psychological assistants under the direct supervision of a licensed psychologist;

(1) Establish by rule and regulation continuing education standards required for license and registration renewal;

(8) Evaluate certified records to determine whether an applicant for licensure or registration, who has been previously licensed, certified, or registered in another jurisdiction to practice psychology, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses.

(9) Refer all complaints from licensees and the public concerning licensed psychologists and registered psychological assistants, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to §8810(i) of Title 29 of the Delaware Code; and, assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to this Chapter, Chapter 101 of Title 29 of the Delaware Code, and §8810(i), Chapter 88, of Title 29 of the Delaware Code. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a psychologist shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act.

(12) Where it has been determined after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed;

(13) Suspend or revoke a supervising psychologist's authorization to supervise a psychological assistant; and, to otherwise discipline a supervising psychologist whenever a psychological assistant is in violation of this chapter or guilty of any of the acts or offenses that are grounds for disciplinary action under this chapter;

(11) Determine the number of psychological assistants that a supervising psychologist may supervise, and the requirements of their supervision.

Subchapter II license and Registration

§3507. License: registration required,

(a) No person shall engage in the practice of psychology or hold himself or herself out to the public in this State as being qualified to practice psychology; or use in connection with his or her name, or otherwise assume or use, any title or description conveying or tending to convey the impression that he or she is qualified to practice psychology, unless such person has been duly licensed under this chapter.

(b) Whenever a license to practice as a psychologist in this state has expired or been suspended or revoked, it shall be unlawful for the person to practice psychology in this state.

(c) No person shall act as a psychological assistant or hold himself or herself out as a psychological assistant, unless such person has been duly registered by the Board under this chapter.

§3508. Qualifications of applicant; recortio_Attorney General: judicial review

(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 such person:

(1) has received a doctoral degree based on a program of studies which is psychological in content and specifically designed to train and prepare psychologists. The doctoral degree must be from an accredited college or university having a graduate program which states its purpose to be the training and preparation of psychologists. The college or university must be accredited by the United States Department of Education or by an accrediting agency which is recognized by the Council on Postsecondary Accreditation, or its successor. Persons holding degrees from programs outside the United States or its territories must provide evidence of training and degree equivalent to accredited programs. These applicants are responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; and,

(2) has had, after receiving the doctoral degree, at least 2 years of supervised professional experience in psychological work of a type satisfactory to the Board; and,

(3) has achieved the passing score on the written standardized Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor; and,

(4) has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter; and, has no disciplinary proceedings or unresolved complaints pending against him or her in any jurisdiction where the applicant has previously been or currently is licensed or certified as a psychologist.

(b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

§3509. Qualifications of applicants for registration as a psychological assistant: number of psychological assistants: requirements of supervision.

(a) Any psychologist licensed in this state, who has practiced as a licensed psychologist for two years in this state or in any other jurisdiction, and, who applies to the Board for the registration of a psychological assistant shall:

(1) provide the Board with a statement which clearly shall delineate the specific functions which the psychological assistant will perform under the supervisors direct supervision and control; and,

(2) submit evidence, verified by oath and satisfactory to the Board that such person:

a. Has received a masters degree based on a program of studies which is psychological in content and specifically designed to train and prepare psychologists; or, is actively engaged in the pursuit of a doctoral degree in psychology, having completed all course requirements for such doctoral degree. The college or university must be accredited by the United States Department of Education or by an accrediting agency which is recognized by the Council on Postsecondary Accreditation, or its successor. Persons holding degrees from programs outside the United States or its territories must provide evidence of training and degree equivalent to accredited programs; and these applicants are responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; and,

b. Has completed, as part of his or her program of studies, an internship, externship or practica of 450 hours supervised by a licensed psychologist; and,

c. Will perform the specific functions, which are delineated by the supervising psychologist in the statement of intended area(s) of practice, from the office of the supervising psychologist; and,

a. Will receive proper training and fulfill continuing education
requirements and be supervised, directed, and evaluated in accordance with a specific supervisory plan that shall Include face-to-face consultation as required by the nature of the work of the psychological assistant; and,

d. 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 him or her in any jurisdiction where the individual has been or currently is licensed, registered, or certified to practice psychology.

(b) Persons, who are presented to the Board by a supervising psychologist for registration as psychological assistants, shall provide statements under oath to the Board that they:

(1) Shall perform only those specific functions which have been delineated in the supervising psychologist's statement; and ,

(2) Shall not practice independently, but only under the supervision of a licensed psychologist; and,

(3) Shall not represent themselves as licensed psychologists.

(c) The Board in its regulations shall determine the number of psychological assistants that a supervising psychologist may supervise; and, the requirements of their supervision.

§3510. Licensing or registration under special conditions: interstate practice of psychology,

(a) Persons who are currently licensed as psychologists or registered as psychological assistants in this state prior to the effective date of this Act shall be considered to have been licensed or registered under this Act and fully qualified to act as licensed psychologists or registered psychological assistants.

(a) The Board will qualify for licensing without examination any person who applies for licensure and who is a diplomate of the American Board of Professional Psychology, subject to the provisions of this chapter.

(b) Nothing in this Chapter shall be construed to prohibit the practice of psychology in this state by a person 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, provided that the aggregate of six (6) days of professional services as a psychologist, per calendar year, under the provision of this subsection is not exceeded.

§3511 Reciprocity.

Where an applicant is already licensed or certified as a doctoral-level psychologist in another jurisdiction and has practiced continually for two years in that jurisdiction, the Board shall accept a certificate or other evidence that he or she is currently licensed or certified, has practiced continually for two years, and has achieved the passing score set by the Board on the written standardized Examination for Professional Practice of Psychology (EPPP), developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor, in lieu of all other requirements for licensure provided for in this chapter.

Upon receipt of an application from an applicant who has been or who currently is licensed, certified, or registered as a psychologist, or is registered as a psychological assistant, in another jurisdiction, the Board shall contact the licensing authority, or comparable agency, in such other jurisdiction(s) and request a certified statement to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant or whether the applicant has engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. Applicants for licensure to practice psychology in this state shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such evidence.

The amount to be charged for each fee imposed under this chapter shall approximate and 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 shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.

§3513. Issuance and renewal of licenses: registration,

The Board shall issue a license or register each applicant, who meets the requirements of this chapter for licensure as a psychologist or registration as a psychological assistant and who pays the fee established under P512 of this chapter.

Each license or registration shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee or registrant has met the continuing education requirements established by the Board.

The Board ,in its rules and regulations, shall determine the period of time within which a licensed psychologist or registered psychological assistant may still renew his or her license, notwithstanding the fact that such licensee or registrant has failed to renew on or before the renewal date.

§3514. Grounds for refusal. revocation or suspension of licenses and registrations

(a) A practitioner licensed or registered under this chapter shall be subject to disciplinary actions set forth in §3516 of this chapter, if, after a hearing, the Board finds that the psychologist or psychological assistant:

(1) has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a psychologist or registration as a psychological assistant; has impersonated another person holding a license or registration, or allowed another person to use his or her license or registration, or aided or abetted a person not licensed as a psychologist or registered as a psychological assistant to represent himself or herself as a psychologist or psychological assistant;

(1) has been convicted of a felony or a crime involving the violation of a patient's trust; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(2) has excessively used or abused drugs (including alcohol, narcotics, or chemicals);

(3) has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;

(4) has not conducted his or her professional activities in conformity with the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct (hereinafter referred to as the Ethics Code); and, in conformity with the rules and regulations adopted by the Board to implement the Ethics Code.

(5) has had his or her license, certification, or registration as a psychologist suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such 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 one or more of the acts defined in this chapter. Every person licensed as a psychologist or person registered as a psychological assistant In this state shall be deemed to have given consent to the release of this 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;

(7) has failed to notify the Board that his or her license, certification or registration as a psychologist or a 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 shall be conclusive evidence thereof;

(8) while acting as a supervising psychologist, has failed to supervise and take reasonable steps to see that psychological assistants perform services responsibly, competently, and ethically, in accordance with rules and regulations established by the Board. Supervising psychologists shall be subject to disciplinary action for any acts or offenses which are grounds for such action when such acts or offenses are undertaken by the psychological assistant acting under the supervising psychologist's direction or control.

(b) Where a practitioner fails to comply with the Board's request that he or she attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order.

(c) Subject to the provisions of this chapter and Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license or registration shall be restricted, suspended or revoked by the Board, and no practitioner's right to practice psychology or to act as a psychological assistant shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.

§3515. Complaints,

All complaints shall be received and investigated by the Division of Professional Regulation in accordance with §8810(i) of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

When it is determined that an individual is engaging in the practice of psychology or is using the title 'psychologist' and is not licensed under the laws of this state, the Board shall apply to the Office of the Attorney General to issue a cease and desist order after formally warning the unlicensed practitioner in accordance with the provisions of this Chapter.

Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.

§3516. Disciplinary sanctions,

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in §3514 of this chapter applies to a practitioner regulated by this Chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

(3) Place a practitioner on probationary status, and require the practitioner to:

a. report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board;

(4) Suspend any practitioners license.

(5) Revoke any practitioners license.

(6) Impose a monetary penalty not to exceed $500 for each violation in addition to suspension or revocation of a license.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) The Board may temporarily suspend a practitioner's license in advance of a final adjudication, during the appeals process; but only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.

§3517. Hearing Procedures.

(a) If a complaint is filed with the Board pursuant to §8810(i) of Title 29 of the Delaware Code, alleging violation of §3514 of this chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.

(b) All hearings shall be inform& 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 shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.

§3518. Reinstatement of a suspended license: removal from probationary status' replacement of license and registration,

(a) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may reinstate such license or registration if, after a hearing, the Board is satisfied that the licensee or registrant has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(b) Where a license or registration has been suspended due to the licensee's or registrant's inability to practice pursuant to this chapter, the Board may reinstate such 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 or psychological assistant, with or without reasonable accommodations; and/or, there is no longer a significant risk of substantial harm to the health and safety of the Individual or others.

(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.

(d) A new license or registration to replace any license or registration lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance.

Subchapter III. Other Provisions

§3519. Exemptions

(a) Nothing in this chapter shall be construed to prevent the teaching of psychology, the conduct of psychological research, or the provision of services or consultation to organizations or institutions, provided that such teaching, research, or service does not involve the direct practice of psychology with individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services. Persons 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.

(a) Nothing in this chapter shall be construed to prevent qualified members of other recognized professions from rendering services consistent with their professional training, the code of ethics of their respective professions, and the laws of this state, provided that they do not hold themselves out to the public by any title or description stating or implying that they are psychologists or psychological assistants or are licensed to practice psychology or registered to act as psychological assistants.

(b) Nothing in this chapter shall be construed to restrict the activities of rabbis, priests, ministers or the clergy of any synagogue, religious denomination or sect, when such activities are within the scope of the performance of their regular or specialized ministerial duties, and no separate charge is made, or when 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, denomination or sect; and, the person rendering service remains accountable to its established authority, provided that they do not represent themselves to be psychologists or psychological assistants.

(c) Individuals who have been certified as school psychologists by the Department of Public Instruction shall be permitted to use the term 'school psychologist and/or 'certified school psychologist.' Such persons shall be restricted in their practice to employment within those settings under the purview of the Department of Public Instruction and the State Board of Education.

(d) Matriculated graduate students in psychology, whose activities constitute a part of the course of study for a graduate degree in psychology, at an institution of higher education, and individuals pursuing postdoctoral training or experience in psychology, shall be permitted to use the terms 'psychological trainee or 'psychological intern' or other titles clearly indicating their training status and may engage In activities defined as the practice of psychology, provided that such persons perform their activities under the direct supervision and responsibility of a psychologist licensed in Delaware; and, provided further that such persons shall not represent themselves by the title 'psychologist.'

Notwithstanding any contrary provisions in this Chapter, any person who is a full-time faculty member in a nationally accredited doctoral level clinical training program in the State of Delaware, and who is actively pursuing licensure under this Chapter for a period not to exceed six years, may participate in and may supervise matriculated graduate students in activities defined as the practice of psychology within the context of such program; and may conduct any research and teaching activities related to the activities of such program.

§3520. Penalty

A person not currently licensed as a psychologist, or registered as a psychological assistant, under this chapter, when guilty of engaging in the practice of psychology, or of acting as a psychological assistant or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that he or she is qualified to practice psychology, or to act as a psychological assistant, such offender shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 dollars nor more than $1000.00 dollars for each offense; and, in addition, may be imprisoned for not more than 1 year. For a second or subsequent conviction, the fine shall be not less than $1000.00 nor no more than $2000.00 for each offense. Superior Court shall have jurisdiction over all violations of this Chapter."

Section 2. Rules and Regulations,

Rules and Regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act.

Section 3. Severability,

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Act, which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.

Approved June 12, 1995