§ 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 that person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that that person 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 out that that person is a psychological assistant, unless such person has been duly registered by the Board under this chapter.
§ 3508 Qualifications of applicant; report to 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 has:
(1) 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. The doctoral degree must be based on a program of studies accredited as a professional psychology program by the American Psychological Association (APA), the Psychological Clinical Science Accreditation System (PCSAS), or an equivalent program approved by the Board. 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) Successfully completed a predoctoral internship which complies with the Board's rules and regulations; and
(3) Had, after receiving the doctoral degree, at least 1 year of supervised professional experience in psychological work of a type satisfactory to the Board; and
(4) 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
(5) 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 the applicant 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 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.
24 Del. C. 1953, § 3507; 58 Del. Laws, c. 380; 59 Del. Laws, c. 265, § 1; 62 Del. Laws, c. 314, § 9; 65 Del. Laws, c. 223, § 2; 67 Del. Laws, c. 200, § 4; 70 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 280, § 1; 79 Del. Laws, c. 364, § 1.;
§ 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 2 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 supervisor's direct supervision and control; and
(2) Submit evidence, verified by oath and satisfactory to the Board, that such person:
a. Has completed all requirements for a doctoral degree in psychology from an American Psychological Association (APA) accredited program, or a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or an equivalent program approved by the Board. Psychological assistants registered before July 17, 2010, and who maintain their registration are exempt from this requirement. 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 the applicant's 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 or areas of practice, from the office of the supervising psychologist; and
d. 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
e. 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 the applicant 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) Perform only those specific functions which have been delineated in the supervising psychologist's statement; and
(2) Not practice independently, but only under the supervision of a licensed psychologist; and
(3) 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 June 12, 1995, shall be considered to have been licensed or registered under this chapter and fully qualified to act as licensed psychologists or registered psychological assistants.
(b) 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.
(c) 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 6 days of professional services as a psychologist, per calendar year, under the provision of this subsection is not exceeded.
§ 3511 Reciprocity.
(a) Where an applicant is already licensed or certified as a doctoral-level psychologist in another jurisdiction and has practiced continually for 2 years in that jurisdiction, the Board shall require:
(1) A certificate or other evidence that the applicant is currently licensed or certified.
(2) Evidence that the psychologist has practiced continually for 2 years.
(3) Evidence that the psychologist 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 as approved by the Board.
(4) Evidence that the candidate has received a doctoral degree from an American Psychological Association (APA) accredited program, or a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or a doctoral degree based on a program of studies which is psychological in content and specifically designed to train and prepare psychologists and which complies with the Board's rules and regulations. Graduates of foreign programs will be required to have their credentials evaluated by a credential evaluation service approved by the National Association of Credential Evaluation Services to determine equivalency to the accreditation requirements of § 3508 of this title.
(b) 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 or jurisdictions 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 under this section shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such evidence.
(c) In lieu of the documentation required by subsections (a) and (b) of this section above, the applicant may submit a certificate of professional qualification in psychology 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.
§ 3512 Fees.
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.
(a) 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 § 3512 of this title.
(b) 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.
(c) 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 such licensee's or registrant's license, notwithstanding the fact that such licensee or registrant has failed to renew on or before the renewal date.
(d) All individuals licensed under this chapter 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.
(e) All individuals licensed under this chapter, upon written request, may be placed in an inactive status in accordance with the Board's rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board's rules and regulations. The Board may establish by regulation provisions for resuming active status.
§ 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 title, 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 the psychologist or psychological assistant license or registration, or aided or abetted a person not licensed as a psychologist or registered as a psychological assistant to represent that person as a psychologist or psychological assistant;
(2) Has been convicted of a crime that is substantially related to the practice of psychology 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; 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)(2), 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 psychology 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.
f. The applicant has not submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
1. 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.
2. 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 shall be the screening point for the receipt of said federal criminal history records.
An applicant may not be licensed until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be licensed by the Board unless a waiver is granted pursuant to this chapter. The State Bureau of Identification may release any subsequent criminal history to the Board.
(3) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);
(4) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;
(5) Has not conducted the practitioner's professional activities in conformity with the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA) (hereinafter referred to as the "Ethics Code"); and in conformity with the rules and regulations adopted by the Board to implement the Ethics Code;
(6) Has had a 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 1 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 the practitioner's 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;
(9) Has been convicted of a felony sexual offense;
(10) Failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto; or
(11) Failed to report to the Division of Professional Regulation as required by § 3518A of this title.
(b) Where a practitioner fails to comply with the Board's request that the practitioner 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, 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.
24 Del. C. 1953, § 3513; 58 Del. Laws, c. 380; 62 Del. Laws, c. 314, § 13; 70 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 74; 75 Del. Laws, c. 436, § 39; 77 Del. Laws, c. 199, § 29; 78 Del. Laws, c. 44, §§ 56, 57; 78 Del. Laws, c. 148, §§ 1, 3; 79 Del. Laws, c. 364, § 1.;
§ 3515 Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735(h) of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) 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.
(c) 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 title 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 practitioner's license.
(5) Revoke any practitioner's license.
(6) Impose a monetary penalty not to exceed $500 for each violation in addition to suspension or revocation of a license.
(7) The Board shall permanently revoke the license of any person who the Board determines has been convicted of a felony sexual offense.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
(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 § 8735(h) of Title 29, alleging violation of § 3514 of this title, 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.
(b) All hearings shall be informal 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, the practitioner 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 the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
§ 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.
§ 3518A Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider's licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of mental illness or mental incompetence; physical illness; including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.
(c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.