§ 3040 License required.
No person shall hold himself or herself out to the public as a licensed chemical dependency professional unless the person is licensed in accordance with this chapter. It shall be unlawful for a person who is not licensed under this chapter, or the person's employees, agents or representatives, to use in connection with the person's name or business, the words "licensed chemical dependency professional" or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
§ 3041 Definitions.
As used in this subchapter:
(1) "Chemical dependency professional" is a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual's or group's interest, abilities and needs as affected by addiction problems. Such services may be provided through the use of telemedicine in a manner deemed appropriate by regulation. Services also may include participation in telehealth as further defined in regulation.
(1) "Chemical dependency professional" is a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual's or group's interest, abilities and needs as affected by addiction problems.
(2) "Counseling experience" is a formal, systematic process that focuses on skill development and integration of knowledge related to addiction counseling and reflects the accumulation of hours spent providing substance abuse counseling services while under the supervision of an approved clinical supervisor.
(3) "Licensed chemical dependency professional" is a person who holds a current, valid license issued pursuant to this chapter.
(4) "Professional counseling experience" is the accumulation of hours spent providing chemical dependency counseling services in a substance abuse counseling setting, including face to face interaction with clients and other services directly related to the treatment of clients.
(5) "Supervised counseling experience" is the overseeing of a supervisee's application of chemical dependency counseling principles, methods or procedures to assist clients in achieving more effective personal and social adjustment.
(6) "Uncompensated addictions services" are services offered to chemical dependent individuals free of charge.
§ 3042 License requirements; professional designation.
(a) No person shall hold himself or herself out to the public as a licensed chemical dependency professional or present, call or represent himself or herself as a licensed chemical dependency professional unless licensed under this chapter.
(b) No person shall assume, represent that person's own self as or use the title of "licensed chemical dependency professional," or any of the abbreviations of the above title unless licensed under this chapter and unless the title of designation corresponds to the license held by the person pursuant to this chapter.
(c) A licensed chemical dependency professional pursuant to the provisions of this chapter, or the licensed chemical dependency professional's employee, shall not disclose any confidential information that the counselor or the counselor's employee may have required while performing alcohol and drug counseling services for a patient unless in accordance with the federal regulation regarding the Confidentiality of Alcohol and Drug Abuse Patient Records pursuant to 42 C.F.R. 2.1 et seq.
§ 3043 Applicability of subchapter.
(a) Nothing in this subchapter shall be construed to prevent a person from engaging in or offering any addiction services such as self-help, sponsorship through Alcoholics Anonymous, Narcotics Anonymous or other uncompensated addictions services.
(b) Nothing in this subchapter shall be construed to apply to a designated employee or other agent of a private employer who has been designated to provide chemical dependency counseling under the jurisdiction of the company, or an employee or other agent of a recognized academic institution, a federal, state, county or local government institution, agency or facility, or school district, if the individual is performing solely with the company or the agency, as the case may be, or under the jurisdiction of that company or agency, and if a license granted under this chapter is not a requirement for employment.
(c) Nothing in this subchapter shall be construed to apply to a rabbi, priest, minister, or clergy of any religious denomination or sect, when performing within the scope of the person's regular or specialized ministerial duties and for which no separate charge is made, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legal cognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof.
(d) Nothing in this subchapter shall be construed to apply to a student, intern or trainee in chemical dependency counseling pursuing a course of study in counseling in a regionally accredited institution, if performed under supervision and constituting a part of the supervised course of study.
(e) Nothing in this subchapter shall be construed to apply to a person licensed in the State to practice medicine and surgery, psychology, social work, clinical social work, licensed professional counselor of mental health or any other person's profession or occupation and doing work of a nature consistent with a person's training, if the person does not hold himself or herself self out to the public as possessing a license issued pursuant to this chapter.
(f) Nothing in this subchapter shall prevent the practice of healing by spiritual means in accordance with the tenets and practice of any church or religious denomination by a duly accredited practitioner thereof. In the practice of healing by spiritual means, no individual shall hold himself or herself out to the public as possessing a license issued pursuant to this subchapter.
§ 3044 Qualifications of applicant.
(a) Applicants for chemical dependency professional license by certification under this chapter shall complete an application form, pay the required fee and provide evidence, verified by oath and satisfactory to the Board, that the applicant meets the following requirements:
(1) Received a master's degree from a regionally accredited institution of higher education with a minimum of 30 graduate semester hours in counseling or subjects closely related to counseling.
(2) Subsequent to receiving the master's degree has acquired 3,200 hours of counseling experience, 1,600 hours of which must be under the supervision of a licensed chemical dependency professional. Where supervision by a licensed chemical dependency professional is not available, a licensed clinical social worker, licensed psychologist, licensed professional counselor of mental health or a licensed physician specializing in chemical dependency may supervise the applicant. Of the 1,600 hours of supervised counseling experience, at least 100 hours must be face-to-face consultation between the supervisor and supervisee, which may take place in individual and/or in group settings, as follows:
a. Individual supervision, which consists of 1-to-1, face-to-face meetings between supervisor and supervisee, provided, the entire 100 hour requirement may be fulfilled by individual supervision.
b. Group supervision, which consists of face-to-face meetings between supervisor and no more than 6 supervisees; provided, no more than 40 hours of group supervision shall be acceptable toward the 100 hour requirement.
(3) Is certified by the National Association for Addictions Professionals, (NAADAC) as a national certified addictions counselor (NCAC or MAC), by the Delaware Certification Board (DCB Inc.) as a certified alcohol and drug counselor, or by a certifying organization acceptable to the Board.
(4) Has not received any administrative penalties regarding the applicant's actions as a Licensed Chemical Dependency Professional, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and and/or has not entered into any "consent agreement" which contains conditions placed by a Board on the applicant's professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.
(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to act as a chemical dependency professional in a manner consistent with the safety of the public.
(6) Does not have a criminal conviction nor pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed chemical dependency professional. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to actions as a licensed chemical dependency professional. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:
a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.
c. The applicant is capable of practicing licensed chemical dependency services in a competent and professional manner.
d. The granting of the waiver will not endanger the public health, safety or welfare.
e. The applicant has not been convicted of a felony sexual offense.
(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or the code of ethics of a professional organization of chemical dependency professionals.
(8) Has not been convicted of a felony sexual offense.
(9) Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain 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 such information relating to that person.
b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Mental Health and Chemical Dependency Professionals shall be the screening point for the receipt of said federal criminal history records.
An applicant may not be licensed as a chemical dependency professional until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be certified by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.
(b) If the Board finds that an applicant has been intentionally fraudulent or has intentionally supplied false information, the Board shall report its findings to the Attorney General for further action.
(c) Where an application is refused or rejected and the applicant feels the Board has acted without justification, has imposed higher or different standards for the applicant 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.
(d) All individuals licensed as chemical dependency professionals in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2013, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check.
74 Del. Laws, c. 355, § 12; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 83, § 1; 75 Del. Laws, c. 436, § 33; 77 Del. Laws, c. 199, § 24; 78 Del. Laws, c. 31, §§ 6-8; 78 Del. Laws, c. 44, §§ 46, 47; 79 Del. Laws, c. 277, § 10.;
§ 3045 Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another State, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. Such applicant shall present proof that the applicant's license is in good standing. A license in good standing is defined in § 3044(a)(4)-(7) of this title.
(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State may be licensed by the Board if:
(1) The applicant had a license in good standing for a minimum of 5 years after licensure in the jurisdiction from which that applicant is applying for reciprocal licensure; and
(2) Is certified by the National Association for Addictions Professionals (NAADAC), or the Delaware Certification Board (DCB), or other national certifying organization acceptable to the Board;
provided, however, that the applicant meets all other qualifications for reciprocity in this section.
(c) In lieu of the documentation required by subsection (a) of this section, an applicant may submit a certificate of professional qualification as a licensed chemical dependency professional 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 such supplemental information as it deems necessary to assure that the applicant meets the qualifications for licensure.