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§ 3519. | § 3520.

TITLE 24

Professions and Occupations

CHAPTER 35. PSYCHOLOGY

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.

(b) 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.

(c) 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.

(d) Individuals who have been certified as school psychologists by the Department of Education 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 Education and the State Board of Education.

(e) 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, and who is actively pursuing licensure under this chapter for a period not to exceed 6 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. (70 Del. Laws, c. 57, § 1; 73 Del. Laws, c. 65, § 29.)

§ 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 the practitioner's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice psychology, or to act as a psychological assistant, such offender shall be guilty of a misdemeanor. Upon the first offense, the practitioner shall be fined not less than $500 nor more than $1000 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 nor no more than $2000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter. (24 Del. C. 1953, § 3519; 58 Del. Laws, c. 380; 70 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1.)

NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.

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