AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.

Legislation Document

SPONSOR:

Sen. Pettyjohn & Rep. Jones Giltner & Sen. Pinkney & Rep. Chukwuocha & Rep. K. Williams & Sen. Hoffner & Rep. Romer

Sens. Buckson, Lockman, Seigfried, Sokola; Reps. Berry, Burns, Dukes, Morrison, Ortega, Osienski, Michael Smith, Snyder-Hall

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 208

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 3502, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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:

For purposes of this chapter:

(1) “Board”

shall mean

means

the State Board of Examiners of Psychologists established in this chapter.

(3) “Doctoral-level psychological assistant” means an individual who is registered with the Board to perform only the specific functions within the practice of psychology that are listed in the statement submitted under § 3509(a)(1) of this title, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title “doctoral-level psychological assistant.”

(3)

(4)

“Excessive use or abuse of drugs”

shall mean

means

any use of narcotics, controlled

substances

substances,

or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic

beverage

beverages

such that it impairs the

person’s

individual’s

ability to perform the work of a

psychologist.

psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant.

(4) “Person” shall mean a corporation, company, association and partnership, as well as an individual.

(5) “Licensed psychology associate” means an individual who licensed and authorized to engage on the practice of psychology under § 3508A of this title.

(6) “Licensee” means an individual who is licensed as a psychologist or a licensed psychology associate under this chapter.

(7) “Master’s-level psychological assistant” means an individual who is registered with the Board to perform only the specific functions within the practice of psychology that are listed in the statement submitted under § 3509A(a)(1) of this title, only under the direct supervision of a supervising psychologist or a supervising licensed psychology associate, and who is authorized by the Board to use the title “master’s-level psychological assistant”, while attaining further requirements for licensure, as specified by the Board.

(5)

(8)a.

“Practice of psychology”

shall mean the observation, description, evaluation, interpretation and modification of human behavior

means observing, describing, evaluating, testing, assessing, interpreting, and modifying human behavior

by

the application of

applying

psychological principles, methods,

and/or procedures, for the purpose of preventing or eliminating

and procedures that are grounded in a scientific orientation toward psychological knowledge and methods, for 1 or more of the following purposes:

1. Preventing, evaluating, assessing, or treating any

symptomatic,

maladaptive

maladaptive,

or undesired

behavior, and of enhancing

behavior, emotion, cognition, physical condition, or social barrier.

2. Evaluating, assessing, treating, or facilitating the enhancement of individual, family, or group effectiveness, including adaptive behavior,

interpersonal relationships, work and life adjustment, personal effectiveness, behavioral

health and

health,

mental

health.

health, and individual or group performance.

b.

The practice of psychology includes

psychological testing and the

all of the following:

1. Psychological testing.

2. The

evaluation or assessment of

individual or group performance.

3. Conducting evidence-based assessments or evaluations of

personal characteristics, such as intelligence, personality, abilities, interests,

aptitudes

aptitudes, behavior, achievement,

and neuropsychological

function;

function.

4. Providing evidence-based therapeutic interventions, such as

counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and

therapy; diagnosis and treatment of

therapy to improve mental, behavioral, physical, functional, and sociocultural health and wellness.

5. Diagnosing, treatment planning, treating, and managing psychological function;

mental and emotional

disorder or disability,

disorders; mental, developmental, or intellectual disabilities;

alcoholism and

substance

abuse,

misuse; substance use disorders;

disorders of habit or

conduct, as well as

conduct; and

the psychological

functional, and sociocultural

aspects of physical illness, accident,

injury

injury,

or

disability;

and

disability.

6. Providing

psychoeducational evaluation, therapy, remediation, and consultation.

Psychological services may be rendered to individuals, families, groups, organizations, institutions and the public.

7. Providing psychological screening, interviewing, and diagnostic assessment to carry out the psychological services listed under paragraph § 3502(8)b.3. of this title.

8. Consulting and collaborating with other professionals on patient or family diagnoses, impairment, treatment planning, and removing barriers to health or care.

9. Conducting psychological testing.

10. Supervising a doctoral-level psychological assistant, subject to § 3509 of this title.

11. Supervising a master’s-level psychological assistant, subject to § 3509A of this title.

c. The “practice of psychology” is grounded in a scientific orientation towards psychological methods, including using, to the extent possible, existing evidence-based literature or, if relevant evidence-based literature does not exist, a scientific orientation to guide professional activities and decision-making.

d.

The

practice of psychology shall be construed within the meaning of this definition without regard to

“practice of psychology” occurs regardless of

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.

(6) “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.

(7)

(9)

“Psychologist”

shall mean a person

means an individual

who makes representations to the public by any title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” or who engages in the practice of psychology.

(10) “Psychological testing” includes administration and interpretation of all of the following:

a. Standardized intelligence and neuropsychological tests that yield an intelligence quotient or are the basis for a diagnosis of organic brain syndromes for the purposes of classification or disability determination.

b. Psychological tests that are the basis of a diagnosis of mental or emotional disorder.

(11) “Registrant” means an individual who is registered as a doctoral-level psychological assistant or master’s-level psychological assistant under this chapter.

(8)

(12)

“Substantially related” means the nature of the criminal conduct, for which

the person was

an individual is

convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of psychology.

(13) “Supervising licensed psychology associate” means a licensed psychology associate licensed in this State who applies to the Board for the registration of a master’s-level psychological assistant under § 3509A of this title.

(9)

(14)

“Supervising psychologist”

shall mean

means

a psychologist licensed in this State who

has practiced as a licensed psychologist for 2 years in this or any other jurisdiction and who

applies to the Board for the registration of a

psychological assistant.

doctoral-level psychological assistant, under § 3509 of this title, or a master’s-level psychological assistant, under § 3509A of this title.

(10)

(15)

“Supervision”

shall mean

means

the face-to-face consultation between

the

a doctoral-level psychological assistant or master’s level

psychological assistant and the supervising

psychologist

psychologist or supervising licensed psychology associate,

as required by the nature of the work of the

doctoral-level psychological assistant or master’s-level

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.

Section 2. Amend § 3503, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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

consists

of 9 members

who are

appointed by the

Governor, who are

Governor and meet the following qualifications:

(1) All 9 members must be

residents of this

state:

State.

5 of whom shall

(2) Five of the members must

be psychologists licensed under this

chapter and 4

chapter.

(3) Four members must be

public members.

(4)

At least 3 members

of the Board shall

must

be engaged full time in the practice of psychology.

(5)

The public members

shall

may

not be, nor ever have been,

psychologists

psychologists, licensed psychology associates, doctoral-level psychological assistants,

or

master’s-level

psychological assistants, nor members of the immediate family of a

psychologist

psychologist, licensed psychology associate, doctoral-level psychological assistant,

or

master’s-level

psychological assistant;

shall

may

not have been employed by a

psychologist or

psychologist, licensed psychology associate, doctoral-level

psychological

assistant; shall

assistant, or master’s-level psychological assistant; may

not have a material interest in the providing of goods and services to

psychologists

psychologists, licensed psychology associates, doctoral-level psychological assistants,

or

master’s-level

psychological assistants;

nor

and may not

have been engaged in an activity directly related to psychology. The public members

shall

must

be accessible to inquiries,

comments

comments,

and suggestions from the general public.

(c) Except as

otherwise

provided in subsection (d) of this section, each member

shall serve a term of

is appointed for a period of

3

years,

years

and may serve 1 additional term in succession;

provided,

however,

that where

if

a member was initially appointed to fill a vacancy,

such

the

member may serve only 1 additional full term in succession. Any

person

individual

appointed to fill a vacancy on the Board

shall hold office

serves

for the remainder of the unexpired term of the former member. Each

member’s

term

of office shall expire

expires

on the date specified in the appointment; however, the

Board

member

shall remain

remains

eligible to participate in Board proceedings

unless and

until replaced by the Governor.

Persons who are members of the Board on June 12, 1995, shall complete their terms.

(d)

A person

An individual

who has never served on the Board may be appointed to the Board for 2 consecutive

terms; but no such person shall thereafter be

terms; however, after the individual has been appointed for 2 consecutive terms the individual is not

eligible for 2 consecutive appointments.

No person,

An individual

who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year

period, shall again

period may not

be appointed to the Board

again

until an interim period of at least 1 year has expired since

such person

the individual

last served.

(e) Any act or vote by

a person

an individual

appointed in violation of this section

shall be

is

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

the

amendment or revision amends this section to permit such an appointment.

(f)

A

The Governor may suspend or remove a

member

of the Board shall be suspended or removed by the Governor

for misfeasance, nonfeasance, malfeasance, misconduct,

incompetency

incompetency,

or neglect of duty. A member subject to disciplinary hearing

shall be

is

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

While

serving on the Board,

shall

a member may not

hold elective office in any professional association of psychologists.

(h) The provisions set forth for “employees” in Chapter 58 of Title 29

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

absent,

without adequate

reason

reason,

for 3 consecutive meetings, or

who

fails to attend at least half of all regular

business

Board

meetings during any calendar year,

shall be guilty of

is deemed in

neglect of duty.

(j) Each member

of the Board shall

must

be reimbursed for all expenses involved in each meeting, including travel, and in addition

shall

must

receive compensation per meeting attended in an amount determined by the Division

in accordance with Del. Const. art. III, § 9.

of Professional Regulation under Section 9 of Article III of the Delaware Constitution.

Section 3. Amend § 3504, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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

other

times

as

the President deems

necessary; or,

necessary or

at the request of a majority of the

Board

members.

(b) The Board shall elect annually a President,

Vice-President

Vice President,

and Secretary. Each officer shall serve for 1 year, and

shall not succeed himself or herself

each officer may not be elected

for more than 2 consecutive terms.

(c) A majority of the members

shall constitute

constitutes

a quorum for the purpose of transacting business.

No disciplinary

Disciplinary

action

shall

may not

be taken without the affirmative vote of

at least

5

members of the Board.

members.

(d) Minutes of all meetings

shall

must

be recorded, and copies

shall

must

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

must

be made. The

expense

cost

of preparing any transcript

shall be incurred

is paid

by the person requesting

it.

the transcript.

Section 4. Amend § 3505, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3505. Records.

(a)

The Division of Professional Regulation shall keep

a

all of the following:

(1) A

register of all applications for

license

licensure

as a psychologist or

licensed psychology associate, and

for registration of

doctoral-level psychological assistant or master’s-level

psychological

assistants, and complete

assistant.

(2) Complete

records relating to

meetings

all of the following:

a. Meetings

of the

Board, examinations,

Board.

b. Examinations.

rosters,

c. Rosters.

changes

d. Changes

and additions to the Board’s rules and

regulations, complaints,

regulations.

e. Complaints.

hearings

f. Hearings.

and such other

g. Other

matters as the Board

shall

may

determine.

Such

(b) The

records

shall be

kept under this section are

prima facie evidence of the proceedings of the Board.

Section 5. Amend § 3506, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3506. Powers and duties.

(a) The Board of Examiners of Psychologists

shall have authority to:

may do all of the following:

(1)

Formulate

Promulgate

rules and regulations, with appropriate notice to those

affected; all rules and regulations shall be promulgated

affected and

in accordance with the procedures specified in the Administrative Procedures Act

[Chapter 101 of Title 29] of this State.

[Chapter 101 of Title 29].

Each rule or regulation

shall

must

implement or clarify a specific section of this

chapter;

chapter.

(2) Designate the application form to be used by all applicants, and to process all

applications;

applications.

(3) Designate the

written,

written

standardized Examination for Professional Practice in Psychology

(EPPP)

(“EPPP”)

to be taken by all

persons

applicants

applying for

licensure; applicants

licensure. Applicants

who qualify for licensure by reciprocity

shall

must

have achieved a passing score on the

EPPP;

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

training,

and experience requirements for licensure as psychologists

or licensed psychology associates

and for registration as

doctoral-level

psychological

assistants;

assistants or master’s-level psychological assistants.

(6) Evaluate the credentials of all

persons

applicants

applying for

a license to practice

psychology in Delaware

licensure as a psychologist or licensed psychology associate

and

persons

all individuals applying

for

whom

registration as a

doctoral-level psychological assistant or a master’s-level

psychological

assistant requested,

assistant,

in order to determine

whether such persons meet

if each individual meets

the qualifications for licensing or registration set forth in this

chapter;

chapter.

(7) Grant licenses

to, and renew

licenses

and registrations of,

to and renew the licenses of

all

persons

individuals

who meet the qualifications for licensure

and/or

or license

renewal

of licenses; and register persons

under this chapter.

(8) Register and renew the registration of all individuals

who meet the qualifications

to act as psychological assistants under the direct supervision of a licensed psychologist;

for registration or registration renewal under this chapter.

(8) Establish

(9) Establish,

by rule and

regulation

regulation,

continuing education standards required for license

renewal

and registration

renewal;

renewal.

(9)

(10)

Evaluate certified records to determine

whether

if

an applicant for licensure or registration, who has been previously licensed,

certified

certified,

or registered in another jurisdiction to

engage in the

practice

of

psychology, has

engaged in

committed

any act or offense that would be grounds for disciplinary action under this chapter and

whether

if

there are disciplinary proceedings or unresolved complaints pending against

such

the

applicants for

such acts

the act

or

offenses;

offense.

(10)

(11)

Refer

to the Division of Professional Regulation, for investigation pursuant to § 8735(h) Title 29,

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 § 8735(h) of Title 29; and assign

any of the following:

a. Licensees.

b. Registrants.

c. The Board’s practices.

d. The practice of psychology.

(12) Assign

a member

of the Board

to assist the Division

of Professional Regulation

, in an advisory

capacity

capacity,

with the investigation of the technical aspects of

the complaint;

a complaint referred under paragraph (a)(11) of this section.

(11)

(13)

Conduct hearings and issue orders in accordance with procedures established

pursuant to

under

this chapter, Chapter 101 of Title 29, and § 8735(h) of Title 29.

Where such

But if the

provisions

of Chapter 101 of Title 29 or § 8735(h) of Title 29

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 [Chapter 101 of Title 29];

governs.

(12) Where

(14) If

it

has been

is

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;

lapsed.

(13)

(15)

Suspend or revoke a supervising psychologist’s authorization to supervise a

psychological assistant;

doctoral-level psychological assistant or a master’s-level psychological assistant, suspend or revoke a supervising licensed psychology associate’s authorization to supervise a master’s-level psychological assistant,

and to otherwise discipline a supervising psychologist

or a supervising licensed psychology associate

whenever a

doctoral-level psychological assistant or a master’s-level

psychological assistant is in violation of this chapter or

guilty of

commits

any of the acts or offenses that are grounds for disciplinary action under this

chapter;

chapter.

(14)

(16)

Determine the number of

doctoral-level psychological assistants and master’s-level

psychological assistants that a supervising psychologist

may supervise, the number of master’s-level psychological assistants a supervising licensed psychology associate

may supervise, and the requirements

of their

for the

supervision.

(b) The Board

of Examiners of Psychologists

shall

promulgate

do all of the following:

(1) Promulgate

regulations specifically identifying those crimes which are substantially related to the practice of psychology.

(2) Determine if a licensee or registrant is subject to a disciplinary hearing, and if so, shall conduct the hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29].

(3) Adopt the administration, grading procedures, and passing score of the Association of State and Provincial Psychology Boards (“ASPPB”), or, if a national examination is not available, of a comparable alternative national or regional examination.

Section 6. Amend § 3507, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3507. License; registration required.

(a)

No person shall engage

Unless an individual has been duly licensed under this chapter, the individual may not do any of the following:

(1) Engage

in the practice of

psychology or

hold himself or herself out

psychology.

(2) Represent

to the public in this State

as being

that the individual is

qualified to

engage in the

practice

psychology; or use

of psychology.

(3) Use

in connection with that

person’s

individual’s

name, or otherwise assume or use, any title or description conveying or tending to convey the impression that

that person

the individual

is qualified to

engage in the

practice

psychology, unless such person has been duly licensed under this chapter.

of psychology.

(b)

Whenever a

If an individual’s

license to practice as a psychologist

or a licensed psychology associate

in this State has expired or

has

been suspended or revoked, it

shall be

is

unlawful for the

person

individual

to

engage in the

practice

of

psychology in this State.

(c)

No person shall

An individual may not

act as a

doctoral-level

psychological assistant or

hold out that that person is

a

master’s-level psychological assistant or represent that the individual is a doctoral-level psychological assistant or a master’s-level

psychological assistant, unless

such person

the individual

has been duly registered

by the Board

under this chapter.

Section 7. Amend § 3508, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3508. Qualifications of

applicant;

applicants for licensure as a psychologist;

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:

the applicant has done all of the following qualifications:

(1)

a.

Received a doctoral degree based on a program of

studies which

study that

is psychological in content and specifically designed to train and prepare psychologists. The doctoral degree must be

from

all of the following:

1. From

an accredited

a

college or university

having

accredited by the United States Department of Education or by an accrediting agency recognized by the Council on Postsecondary Accreditation, or its successor, and which has

a graduate program

which

that

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

2. Based

on a program of studies accredited as a professional psychology program by the American Psychological Association

(APA),

(“APA”),

the Psychological Clinical Science Accreditation System

(PCSAS),

(“PCSAS”),

or an equivalent program approved by the Board.

Persons

b. Applicants

holding degrees from programs outside the United States or its territories must provide evidence of training and

a

degree equivalent to accredited programs.

These

The

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

required to have their credentials evaluated by a credential evaluation service, approved by the National Association of Credential Evaluation Services (“NACES”), to determine equivalency to the accreditation requirements of this subsection.

(2) Successfully completed a predoctoral internship which complies with the Board’s rules and

regulations; and

regulations.

(3)

Had, after

After

receiving the doctoral

degree,

degree required under paragraph (a)(1) of this section, has

at least 1 year of supervised professional experience in psychological work of a type satisfactory to the

Board; and

Board.

(4) Achieved

the

a

passing score on the

written standardized Examination for Professional Practice in Psychology (EPPP)

EPPP

developed by the

Association of State and Provincial Psychology Boards (ASPPB),

ASPPB,

or its

successor; and

successor.

(5) Subject to

the provisions of

§ 8735(x) of Title 29, has not engaged in any

of the

acts or offenses that would be grounds for disciplinary action under this

chapter;

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

(b)(1) An applicant must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of 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 criminal history information relating to that applicant.

b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this subsection and the Board is the screening point for the receipt of federal criminal history records.

(2) In addition to the evidence submitted under subsection (a) of this section, an applicant shall submit the reports obtained under paragraph (b)(1) of this section to the Board.

(3) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology.

(4) The State Bureau of Identification may release any subsequent criminal history to the Board.

(c) Whenever

the Board

has found to its satisfaction

finds

that an application

has been

is

intentionally fraudulent, or that false information

has been

is

intentionally supplied,

it

the Board

shall report its findings to the Attorney General for further action.

(c) Where

(d) An applicant may appeal to the Superior Court if

the

applicant’s

application

of a person

has been refused or rejected and

such

the

applicant feels that the Board has

acted

done any of the following:

(1) Acted

without

justification; has imposed

justification.

(2) Imposed

higher or different standards for the applicant than for other applicants or

licensees; or has in

licensees.

(3) In

some other manner contributed to or caused the failure of

such application, the applicant may appeal to the Superior Court.

the applicant’s application.

Section 8. Amend Chapter 35, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3508A. Qualifications of applicants for licensure as a licensed psychology associate; scope of practice; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure as a licensed psychology associate under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:

(1)a. Received a master’s degree based on a program of study, with a minimum of 60 graduate semester hours, that is psychological in content and specifically designed to train and prepare individuals for the practice of psychology. The master’s degree must be all of the following:

1. From a college or university accredited by the United States Department of Education or by an accrediting agency recognized by the Council on Postsecondary Accreditation, or its successor, and which has a graduate program that states its purpose to be the training and preparation of psychologists.

2. Based on a program of studies accredited as a professional psychology program by the American APA, the PCSAS, or an equivalent program approved by the Board.

b. Applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The applicants are required to have their credentials evaluated by a credential evaluation service, approved by NACES, to determine equivalency to the accreditation requirements of this subsection.

(2) Successfully completed an internship that complies with the Board’s rules and regulations.

(3) After receiving the master’s degree required under paragraph (a)(1) of this section, has at least 2 years of supervised professional experience in psychological work of a type satisfactory to the Board.

(4) Achieved a passing score on the EPPP developed by the ASPPB, or its successor.

(5) Subject to § 8735(x) of Title 29, has not engaged in any acts or offenses that are 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 to engage in the practice of psychology.

(b)(1) An applicant must submit, at the applicant’s expense, fingerprints and other necessary information to obtain all of 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 criminal history information relating to that applicant.

b. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this subsection and the Board is the screening point for the receipt of federal criminal history records.

(2) In addition to the evidence submitted under subsection (a) of this section, an applicant shall submit the reports obtained under paragraph (b)(1) of this section to the Board.

(3) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology.

(4) The State Bureau of Identification may release any subsequent criminal history to the Board.

(c) Whenever the Board finds that an application is intentionally fraudulent, or that false information is intentionally supplied, the Board shall report its findings to the Attorney General for further action.

(d) An applicant may appeal to the Superior Court if the applicant’s application has been refused or rejected and the applicant feels that the Board has done any of the following:

(1) Acted without justification.

(2) Imposed higher or different standards for the applicant than for other applicants or licensees.

(3) In some other manner contributed to or caused the failure of the applicant’s application.

(e)(1) Except as otherwise provided in paragraph (e)(2) of this section, a licensed psychology associate may independently engage in the practice of psychology at the master’s-level of education and within the scope of the licensed psychology associate’s training. A licensed psychology associate may use screening instruments, questionnaires, rating scales, general measures of cognitive abilities and achievement, or interview guides that are generally available to all mental health professionals, including all of the following:

a. Brief screening instruments of orientation and current mental status.

b. Repeated measures of symptoms related t

o psychopathology.

c. General measures of aptitude and interest.

(2) A licensed psychology associate may not engage in the practice of psychology that involves comprehensive specialty and subspecialty testing, assessment, and consultations that requires doctoral-level psychology education and training. Additionally, licensed psychology associate may not do any of the following:

a. Accept referrals for neuropsychological evaluations or perform neuropsychological evaluations.

b. Accept referrals for forensic evaluations or perform forensic evaluations, including capacity or competency evaluations and evaluations that involve local security, national security, or potential risk to the public.

c. Medical or health capacity evaluations, including pre-surgical evaluations, consultation-liaison assessments in an acute medical care setting, and medical specialty consultations regardless of the setting.

d. Personality, performance, and projective evaluations and assessments if the conclusions from the evaluations or assessments serve as a final determination, including second opinion evaluations.

e. Child custody and parental fitness evaluations.

f. Public safety employment evaluations, including fitness for duty evaluations.

(f) A licensed psychology associate may not hold themselves out to the public by any title or description stating or implying that the licensed psychology associate is a licensed psychologist, including a neuropsychologist or a forensic psychologist.

Section 9. Amend § 3509, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3509. Qualifications for registration as a

doctoral-level

psychological assistant; number of

doctoral-level

psychological assistants; requirements

of

for

supervision.

(a) Any psychologist licensed in this

State,

State

who has practiced as a licensed psychologist for 2

years in this State or in any other jurisdiction

,

and who applies

years may apply

to the Board for the registration of a

doctoral-level

psychological

assistant shall:

assistant. Whenever a psychologist applies to the Board for the registration of a doctoral-level psychological assistant, the psychologist shall do all of the following:

(1) Provide the Board with a statement

which

that

clearly

shall delineate

delineates

the specific functions

which the

that the proposed doctoral-level

psychological assistant will perform under the

supervisor’s

supervising psychologist’s

direct supervision and

control; and

control.

(2) Submit evidence, verified by oath and satisfactory to the Board, that

such person:

the proposed doctoral-level psychological assistant meets all of the following qualifications:

a.

1.

Has completed all requirements for a doctoral degree in psychology from an

American Psychological Association (APA)

APA

accredited program,

or

a

Psychological Clinical Science Accreditation System (PCSAS)

PCSAS

accredited program, or an equivalent program approved by the Board.

Psychological assistants

A doctoral-level psychological assistant

registered before July 17, 2010,

and

who

maintain their

maintains the doctoral-level psychological assistant’s

registration

are

is

exempt from this requirement.

Persons

2. Subject to paragraph (a)(2)a.1. of this section, proposed doctoral-level psychological assistants

holding degrees from programs outside the United States or its territories must provide evidence of training and

a

degree equivalent to accredited

programs;

programs.

and these applicants

The proposed doctoral-level psychological assistants

are

responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; and

required to have their credentials evaluated by a credential evaluation service, approved by NACES, to determine equivalency to the accreditation requirements of this subsection.

b. Has successfully completed a predoctoral internship which complies with the Board’s rules and

regulations; and

regulations.

c. Will perform the specific

functions, which

functions that

are delineated by the supervising psychologist in the statement of intended area or areas of practice, from the office of the supervising

psychologist; and

psychologist.

d. Will receive proper

training and

training, will

fulfill continuing education

requirements

requirements,

and

will

be supervised,

directed

directed,

and evaluated in accordance with a specific supervisory plan that

shall

must

include face-to-face consultation as required by the nature of the work of the

proposed doctoral-level

psychological

assistant; and

assistant.

e. Subject to the provisions of § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this

chapter; and, has no

chapter and does not have

disciplinary proceedings or unresolved complaints pending against the

applicant

proposed doctoral-level psychological assistant

in any jurisdiction where the

individual

proposed doctoral-level psychological assistant

has been or currently is licensed,

registered

registered,

or certified to

engage in the

practice

of

psychology.

(b)

Persons,

An individual

who

are

is

presented to the Board by a supervising psychologist for registration as

psychological assistants,

a

doctoral-level psychological assistant

shall provide statements under oath to the Board that

they:

the individual will do all of the following:

(1) Perform only

those

the

specific functions

which have been

that are

delineated in the supervising psychologist’s

statement; and

statement.

(2) Not practice independently, but only under the supervision of a licensed

psychologist; and

psychologist.

(3) Not represent themselves as

a

licensed

psychologists.

psychologist.

(c)

(1) An individual presented for registration under this section must submit, at the individual’s expense, fingerprints and other necessary information to obtain all of the following:

a. A report of the individual’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 criminal history information relating to that individual.

b. A report of the individual’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this subsection and the Board is the screening point for the receipt of federal criminal history records.

(2) In addition to the evidence submitted under subsection (a) of this section, a psychologist shall submit the reports obtained under paragraph (b)(1) of this section to the Board.

(3) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology.

(4) The State Bureau of Identification may release any subsequent criminal history to the Board.

(d)

The

Board

Board,

in its

regulations

regulations,

shall determine the number of

doctoral-level

psychological assistants that a supervising psychologist may

supervise;

supervise

and the requirements

of their supervision.

for supervision.

(e) An individual registered under this section as a “psychological assistant” before [the implementation date of this Act] is considered a “doctoral-level psychological assistant” and may use the title “doctoral-level psychological assistant”, as approved by the Board.

Section 10. Amend Chapter 35, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3509A. Qualifications for registration as a master’s-level psychological assistant; number of master’s-level psychological assistants; requirements for supervision.

(a) A psychologist or licensed psychology associate licensed in this State who has practiced as a licensed psychologist or licensed psychology associate for 3 years may apply to the Board for the registration of a master’s-level psychological assistant. Whenever a licensed psychologist or licensed psychology associate applies to the Board for the registration of a master’s-level psychological assistant, the licensed psychologist or licensed psychology associate shall do all of the following:

(1) Provide the Board with a statement that clearly delineates the specific functions which the proposed master’s-level psychological assistant will perform under the supervising psychologist’s or supervising licensed psychology associate’s direct supervision and control.

(2) Submit evidence, verified by oath and satisfactory to the Board, that the proposed master’s-level psychological assistant meets all of the following qualifications:

a.1. Has completed all requirements for a master’s degree in psychology from an APA accredited program, a PCSAS accredited program, or an equivalent program approved by the Board.

2. Applicants holding degrees from programs outside the United States or its territories must provide evidence of training and a degree equivalent to accredited programs. The proposed master’s-level psychological assistants are required to have their credentials evaluated by a credential evaluation service, approved by NACES, to determine equivalency to the accreditation requirements of this subsection.

b. Is seeking further requirements for licensure under this chapter, as specified by the Board’s rules and regulations.

c. Will perform the specific functions that are delineated by the supervising psychologist or the supervising licensed psychology associate in the statement of intended area or areas of practice, from the office of the supervising psychologist or supervising licensed psychology associate.

d. Will receive proper training, will fulfill continuing education requirements, and will be supervised, directed, and evaluated in accordance with a specific supervisory plan that must include face-to-face consultation as required by the nature of the work of the proposed master’s-level psychological assistant.

e. Subject to § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter and does not have disciplinary proceedings or unresolved complaints pending against the proposed master’s-level psychological assistant in any jurisdiction where the proposed master’s-level psychological assistant has been or currently is licensed, registered, or certified to engage in the practice of psychology.

(b) Individuals who are presented to the Board by a supervising psychologist or supervising licensed psychology associate for registration as a master’s-level psychological assistant shall provide statements, under oath, to the Board that the individual will do all of the following:

(1) Perform only the specific functions that are delineated in the supervising psychologist’s or supervising licensed psychology associate’s statement.

(2) Not practice independently, but only under the supervision of a licensed psychologist or licensed psychology associate.

(3) Not represent themselves as licensed psychologists or licensed psychology associates.

(c)

(1) An individual presented for registration under this section must submit, at the individual’s expense, fingerprints and other necessary information to obtain all of the following:

a. A report of the individual’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 criminal history information relating to that individual.

b. A report of the individual’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this subsection and the Board is the screening point for the receipt of federal criminal history records.

(2) In addition to the evidence submitted under subsection (a) of this section, a licensed psychologist or licensed psychology associate shall submit the reports obtained under paragraph (b)(1) of this section to the Board.

(3) Unless a waiver is granted under § 8735(x)(3) of Title 29, the Board may not grant a license to an applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology.

(4) The State Bureau of Identification may release any subsequent criminal history to the Board.

(d) The Board in its regulations shall determine the number of master’s-level psychological assistants that a supervising psychologist or a supervising licensed psychology associate may supervise and the requirements for supervision.

Section 11. Amend § 3510, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

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

(a)

Persons

Individuals

who are

currently

licensed as psychologists or registered as

doctoral-level

psychological assistants in this State prior to June 12, 1995,

shall be

are

considered to have been licensed or registered under this chapter and fully qualified to act as licensed psychologists or registered

doctoral-level

psychological assistants.

(b) The Board

will

shall

qualify for licensing without examination any

person

individual

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

prohibits

the practice of psychology in this State by

a person

an individual

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

jurisdiction if the individual does not exceed an

aggregate of 6 days of professional services as a psychologist, per calendar

year, under the provision of this

subsection is not exceeded.

year.

(d)

A person

An individual

practicing psychology in this State, under this section, may not engage in conversion therapy with a child or refer a child to a provider in another jurisdiction to receive conversion therapy.

Section 12. Amend § 3511, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3511. Reciprocity.

(a)

Where

If

an applicant is already licensed or certified as a doctoral-level psychologist

or a licensed psychological associate

in another jurisdiction and has practiced continually for 2 years in that jurisdiction, the Board shall

require:

require all of the following:

(1) A certificate or other evidence that the applicant is currently licensed or certified.

(2) Evidence that the

psychologist

applicant

has practiced continually for 2 years.

(3) Evidence that the

psychologist

applicant

has achieved the passing score set by the Board on the

written standardized Examination for Professional Practice of Psychology (EPPP)

EPPP

developed by the

Association of State and Provincial Psychology Boards (ASPPB)

ASPPB,

or its

successor

successor,

as approved by the Board.

(4)

Evidence

For an applicant applying as doctoral-level psychologist, evidence

that the

candidate

applicant

has received a doctoral degree in

psychology from a recognized educational institution,

psychology,

or

in lieu of such degree, a doctoral degree

in a closely-allied field if

it is the opinion of

the

board

Board finds

that the training required

therefor

for the doctoral degree in a closely-allied field

is substantially

similar,

similar to the training required for a doctoral degree in psychology, from a recognized educational institution

or has otherwise had training in psychology

deemed

that the Board deems

equivalent

by the board.

to a doctoral degree in psychology.

Graduates of foreign programs will be

Applicants holding a degree from a program outside the United States or its territories are

required to have their credentials evaluated by a credential evaluation

service

service,

approved by

the National Association of Credential Evaluation Services

NACES,

to determine equivalency to the accreditation requirements of § 3508 of this title.

(5) For an applicant applying as a licensed psychological associate, evidence that the applicant has received a master’s degree in psychology, or in a closely-allied field if the Board finds that the training required for the master’s degree in a closely-allied field is substantially similar to the training required for a master’s degree in psychology, from a recognized educational institution or has otherwise had training in psychology that the Board deems equivalent to a master’s degree in psychology. Applicants holding a degree from a program outside the United States or its territories are required to have their credentials evaluated by a credential evaluation service, approved by the NACES, to determine equivalency to the accreditation requirements of § 3508A of this title.

(b)

(1)

Upon receipt of an application from an applicant

who has been or who currently is licensed, certified

certified,

or registered as a psychologist, or registered as a psychological assistant, in another jurisdiction,

applying under this section,

the Board shall

contact

request a certified statement from

the licensing authority, or comparable agency, in

such

the

other jurisdiction

or jurisdictions and request a certified statement

to determine

whether or not

if

there are disciplinary proceedings or unresolved complaints pending against the applicant or

whether

if

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

(2) If

a disciplinary proceeding or unresolved complaint is pending, the applicant

shall

may

not be licensed

or registered

until the proceeding or complaint has been resolved. Applicants for licensure under this section

shall be

are

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,

section,

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

that the Board

deems necessary to assure that the applicant meets the qualifications for licensure.

Section 13. Amend § 3512, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3512. Fees.

The amount

to be

charged for each fee imposed under this chapter

shall approximate and

must

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

must

be a separate fee

charged

for each service or activity, but

no

a

fee

shall

may not

be charged for a purpose not specified in this chapter. The application fee

shall

may

not be combined with any other

fee or charge.

fee.

At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting

in

on

its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.

Section 14. Amend § 3513, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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 a licensed psychology associate

or

for

registration as a

doctoral-level psychological assistant or master’s-level

psychological assistant and who pays the

fee established

fees charged

under § 3512 of this title.

(b) Each license or registration

shall

must

be renewed biennially, in

such

the

manner

as is

determined by the Division of Professional Regulation,

and

upon payment of the appropriate

fee and

fee,

submission of a renewal form provided by the Division of Professional Regulation, and

submission of

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

psychologist, a licensed psychology associate, a registered doctoral-level psychological assistant,

or

a

registered

master’s-level

psychological assistant may still renew

such

the

licensee’s

license

or registrant’s

license, notwithstanding the fact that such

registration, after the

licensee or registrant

has failed

fails

to renew on or before the renewal date.

(d) All

individuals licensed under this chapter shall be

licensees are

required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense,

for the purposes of performing

to perform

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,

licensee’s,

upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations.

Such person

A licensee who has been placed in an inactive status

may reenter practice upon written notification to the Board of the

licensee’s

intent to

do so

reenter practice

and completion of continuing education

as

required

in

by

the Board’s rules and regulations. The Board may

establish by regulation provisions

promulgate regulations

for resuming active status.

Section 15. Amend § 3514, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3514. Grounds for refusal,

revocation

revocation,

or suspension of licenses and registrations.

(a) A

practitioner licensed or registered under this chapter shall be

licensee or registrant is

subject to disciplinary actions set forth in § 3516 of this title, if, after a hearing, the Board finds that the

psychologist or psychological assistant:

individual has done any of the following:

(1)

Has employed

Employed

or knowingly cooperated in fraud or material deception in order to acquire a license as a psychologist

or a licensed psychology associate,

or registration as a

doctoral-level psychological assistant

or master’s-level

psychological assistant; has impersonated another

person holding a license or registration,

individual who is licensed or registered under this chapter,

or allowed another person to use the

psychologist or psychological assistant

psychologist’s or licensed psychology associate’s

license or

doctoral-level psychological assistant’s or master’s-level psychological assistant’s

registration, or aided or abetted

a person

an individual

not licensed as a psychologist

or a licensed psychology associate,

or registered as a

doctoral-level psychological assistant or master’s-level

psychological assistant to represent that

person as

the individual is

a

psychologist

psychologist, a licensed psychology associate, a doctoral-level psychological assistant

or

a master’s-level

psychological

assistant;

assistant.

(2) a.

Has been

Been

convicted of a crime that is substantially related to the practice of

psychology; a

psychology. A

copy of the record of conviction certified by the clerk of the court entering the conviction

shall be

is

conclusive evidence

therefor; however, if

of the conviction. But if,

after consideration of the factors set forth in § 8735(x)(3) of

Title 29

Title 29,

through a hearing or review of

documentation

documentation,

the Board determines that granting a waiver to an initial applicant would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(2).

A

The Board may not grant a

waiver

may not be granted

for a conviction of a felony sexual offense.

b.-e. [Repealed.]

f. An applicant must submit, 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 that is substantially related to the practice of psychology 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

Excessively

used or abused

drugs (including alcohol, narcotics or chemicals);

drugs.

(4)

Has engaged

Engaged

in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing

activities;

activities.

(5)

Has not conducted

Failed to conduct

the

practitioner’s

licensee’s or registrant’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;

Code.

(6)

Has violated

Violated

a lawful provision of this chapter, or any lawful regulation established

thereunder;

under this chapter.

(7)

Has had

Had

a license,

certification

certification,

or registration as a

psychologist

psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant

suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another

jurisdiction; provided, however, that

jurisdiction, if

the underlying grounds for

such

the disciplinary

action in another jurisdiction have been presented to the Board by certified

record;

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

individual

licensed as a psychologist or

person

a licensed psychology associate and every individual

registered as a

doctoral-level psychological assistant or master’s-level

psychological assistant in this State

shall be

is

deemed to have given consent to the release of

this

disciplinary

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;

offenses.

(8)

Has failed

Failed

to notify the Board that the

practitioner’s

licensee’s or registrant’s

license,

certification

certification,

or registration as a

psychologist

psychologist, a licensed psychology associate, a doctoral-level psychological assistant

, or

a master’s-level

psychological assistant in another state has been subject to discipline, or has been surrendered,

suspended

suspended,

or revoked. A certified copy of the record of disciplinary action, surrender,

suspension

suspension,

or revocation

shall be

is

conclusive evidence

thereof;

of the disciplinary action, surrender, suspension, or revocation.

(9) While acting as a supervising

psychologist,

psychologist or a supervising licensed psychology associate,

has

failed to supervise and take reasonable steps to see that

doctoral-level psychological assistants or master’s-level

psychological assistants perform services responsibly,

competently

competently,

and ethically, in accordance with rules and regulations established by the Board. Supervising psychologists

shall be

and supervising licensed psychology associates are

subject to disciplinary action for any acts or offenses

which

that

are grounds for

such

disciplinary

action when

such

the

acts or offenses are undertaken by the

doctoral-level psychological assistant or the master’s-level

psychological assistant acting under the supervising psychologist’s

or supervising licensed psychology associate’s

direction or

control;

control.

(10) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29,

has

been convicted of a felony sexual

offense;

offense.

(11) Failed to report child abuse or neglect as required by § 903 of Title 16, or any successor

thereto;

to § 903 of Title 16.

(12) Failed to report to the Division of Professional Regulation as required by § 3518A of this

title;

title.

(13)

Has engaged

Engaged

in conversion therapy with a

child; or

child.

(14)

Has referred

Referred

a child to a provider in another jurisdiction to receive conversion therapy.

(b)

Where a practitioner

Whenever a licensee or registrant

fails to comply with the Board’s request that the

practitioner

licensee or registrant

attend a hearing, the Board may petition the Superior Court to order

such

the licensee’s or registrant’s

attendance, and the

said

Court

or any judge assigned thereto shall have the

has

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 restricted, suspended or revoked by the Board, and no practitioner’s

the Board may not restrict, suspend, or revoke a license or registration

or

limit a licensee’s or registrant’s

right to

engage in the

practice

of

psychology or to act as a

psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level

psychological assistant

shall be limited by the Board

until

such practitioner

the licensee or registrant

has been given

notice,

notice

and an opportunity to be heard, in accordance with the Administrative Procedures Act.

Section 16. Amend § 3515, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3515. Complaints.

(a)

All complaints shall be received and investigated by the

The

Division of Professional Regulation

shall receive and investigate all complaints,

in accordance with § 8735(h) of

Title 29, and the

Title 29. The

Division

shall be responsible for issuing

of Professional Regulation shall issue

a final written report at the conclusion of its investigation.

(b)

When

Whenever

it is determined that an individual is engaging in the practice of psychology or is using the title “psychologist” and is not licensed

or registered

under

the laws of this State,

this chapter,

the Board shall apply to the Office of the Attorney General to issue a cease and desist order after formally warning the unlicensed

practitioner

individual

in accordance with the provisions of this chapter.

(c)

Any

The Division of Professional Regulation shall investigate

complaints involving allegations of unprofessional conduct or

incompetence shall be investigated by the Division of Professional Regulation.

incompetence.

Section 17. Amend § 3516, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3516. Disciplinary sanctions.

(a)

The

Whenever the Board finds that a licensee or registrant has violated § 3514 of this title, the

Board may impose

any

1 or more

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:

sanctions:

(1) Issue a letter of reprimand.

(2) Censure

a practitioner.

a licensee or registrant.

(3) Place

a practitioner

a licensee or registrant

on probationary status, and require the

practitioner to:

licensee or registrant to do all of the following:

a. Report regularly to the Board upon the matters which are the basis of the

probation;

probation.

b. Limit all practice and professional activities to

those

the

areas prescribed by the Board.

(4) Suspend any

practitioner’s license.

licensee’s license or registrant’s registration.

(5) Revoke any

practitioner’s license.

licensee’s license or registrant’s registration.

(6) Impose a monetary penalty not to exceed $500 for each violation.

(7) The Board shall permanently revoke the license

or registration

of any

person

individual

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

the Board to place an individual on probationary status

have been remedied.

(c)

In the event of

If

a formal or informal complaint concerning

the

activity of a licensee

or registrant

that presents a clear and immediate danger to the public health,

safety

safety,

or welfare, the Board may temporarily suspend the

person’s license,

licensee’s license or registrant’s registration,

pending a hearing, upon the written order of the Secretary of

State

State,

or the Secretary’s designee, with the concurrence of the Board

chair

President,

or the Board

chair’s

President’s

designee. An order temporarily suspending a license may not be issued unless the

person

individual

or the

person’s

individual’s

attorney

received

receives

at least 24 hours’ written or oral notice before the temporary suspension so that the

person

individual

or the

person’s

individual’s

attorney may file a written response to the proposed

temporary

suspension. The decision

as to

whether to issue the temporary order of suspension

will

must

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

individual

requests a continuance of the hearing date. If the temporarily suspended

person

individual

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

An individual

whose license

or registration

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

if

the Board receives the request within 5 calendar days from the date on which the

person

individual

received notification of the decision to temporarily suspend the

person’s license.

individual’s license or registration.

(d)

Where a

Whenever an individual’s

license

or registration

has been suspended due to a disability of the

licensee,

individual,

the Board may reinstate

such

the individual’s

license

or registration

if, after a hearing, the Board is satisfied that the

licensee

individual

is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended

license,

license or registration,

or removal from probationary status, the Board may impose

such

any

disciplinary or corrective measures

as are

authorized under this chapter.

Section 18. Amend § 3517, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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

must

be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings

shall be informal

are 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

must

be in writing and

shall

must

include

it’s the

Board’s

reasons for

such

its

decision. The Board’s decision

shall

must

be mailed immediately to the

practitioner.

licensee or registrant.

(c)

Where the practitioner is in disagreement

If a licensee or registrant disagrees

with the action of the Board, the

practitioner

licensee or registrant

may appeal the Board’s decision to the Superior Court within 30 days of

service,

service

or

within 30 days

of the postmarked date of the copy of the decision mailed to the

practitioner.

licensee or registrant.

Upon

such

a licensee’s or registrant’s

appeal the Court shall hear the evidence on the record. Stays

shall

must

be granted in accordance with § 10144 of Title 29.

Section 19. Amend § 3518, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3518. Reinstatement of a suspended

license;

license or registration;

removal from probationary status.

(a) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may reinstate

such

a suspended

license or registration

or remove a licensee or registrant from probationary status

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

or

the probation.

(b)

Where

Whenever

a license or registration has been suspended due to the licensee’s or registrant’s inability to practice

pursuant to

under

this chapter, the Board may reinstate

such

the suspended

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

psychologist, licensed psychological associate, doctoral-level psychological assistant,

or

master’s-level

psychological assistant, with or without reasonable accommodations;

and/or

and

there is no longer a significant risk of substantial harm to the health and safety of the individual or others.

(c)

Applicants for

Licensees or registrants seeking

reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension

and/or

or

probation have been met.

Proof

The Board may also require proof

that the

applicant

licensee or registrant

has met the continuing education requirements of this

chapter may also be required,

chapter,

as appropriate.

Section 20. Amend § 3518A, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 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

licensee

under this chapter

has a duty to

shall

report to the Division of Professional

Regulation

Regulation,

in

writing

writing,

information that the licensee reasonably believes indicates that any other

practitioner licensed under this chapter,

licensee,

or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute.

(b) Every

person to whom a license to practice has been issued

under this chapter has a duty to

licensee shall

report to the Division of Professional

Regulation

Regulation,

in

writing

writing,

information that the licensee reasonably believes indicates that any other

practitioner licensed under this chapter,

licensee,

or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:

(1) Mental illness or mental incompetence.

(2) Physical illness, including deterioration through the aging process or loss of motor skill.

(3) Excessive

use or

abuse of

drugs, including alcohol.

drugs.

(c) Every

person to whom a license to practice has been issued under this chapter has a duty to

licensee shall

report to the Division of Professional

Regulation

Regulation, in writing,

any information that the reporting

person

licensee

reasonably believes indicates that

a person

an individual

certified and registered to practice medicine in this State

is

is,

or may

be

be,

guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients

by reason

for any

of

mental

the following reasons:

(1) Mental

illness or mental

incompetence; physical

incompetence.

(2) Physical

illness, including deterioration through the aging process or loss of motor

skill; or excessive

skill.

(3) Excessive

use or abuse of

drugs, including alcohol.

drugs.

(d)

All

A licensee shall file all

reports required under subsections (a),

(b)

(b),

and (c) of this section

must be filed

within 30 days of

the licensee

becoming aware of

such information.

any information that the licensee is required to report.

A person

A licensee

reporting or testifying in any proceeding as a result of making a report

pursuant to

under

this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the

person

licensee

acted in good faith and without gross or wanton

negligence; good

negligence. For purposes of this section, good

faith

being

is

presumed until proven otherwise, and

a complainant must show

gross or wanton

negligence required to be shown by the complainant.

negligence.

Section 21. Amend § 3519, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3519. Exemptions.

(a) Nothing in this chapter

shall

may

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

institutions, if

such teaching,

research

research,

or service

or consultation

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

Individuals

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

may

be construed to prevent

an individual who is a

qualified

members

member

of other recognized professions from rendering services consistent with

their

the individual’s

professional training, the code of ethics of

their

the individual’s

respective

professions

profession,

and the laws of this

State; provided, that they do not hold themselves out

State, if the individual does not represent themselves

to the public by

using

any title or description stating or implying that

they are psychologists

the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant,

or

a master’s-level

psychological

assistants or are

assistant, that the individual is

licensed

to practice psychology

as a psychologist or licensed psychology associate,

or

that the individual is

registered

to act

as

a doctoral-level psychological assistant or a master’s-level

psychological

assistants.

assistant.

(c) Nothing in this chapter

shall

may

be construed to restrict the activities of rabbis, priests,

ministers

ministers,

or the clergy of any

church,

synagogue, religious

denomination

denomination,

or sect,

when such

if the

activities are within the scope of the performance of their regular or specialized ministerial

duties,

duties

and no separate charge is made, or

when

if

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

religious denomination,

or sect; and the person rendering service remains accountable to its established authority;

provided, that

and if

they do not represent themselves to be

psychologists

psychologists, licensed psychological associates, doctoral-level psychological assistants,

or

master’s-level

psychological assistants.

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

shall be

are

permitted to use the

term

title

“school psychologist”

and/or

or

“certified school psychologist.”

Such persons shall be

But the individuals are

restricted in their practice to employment within those settings under the purview of the Department of Education and the State Board of Education.

Section 22. Amend § 3520, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3520. Penalty.

A person

(a) An individual is guilty of a misdemeanor whenever an individual

not currently licensed as a

psychologist,

psychologist or a licensed psychology associate,

or registered as a

doctoral-level psychological assistant or master’s-level

psychological assistant, under this chapter,

when

guilty of engaging

does any of the following:

(1) Engages

in the practice of

psychology, or of acting

psychology.

(2) Acts

as a

psychologist, licensed psychology associate, doctoral-level

psychological

assistant or using

assistant, or master’s-level psychological assistant.

(3) Uses,

in connection with the

practitioner’s

individual’s

own name, or otherwise

assuming

assumes

or

using

uses

any title or description

conveying, or tending

that conveys or tends

to convey the impression that the

practitioner

individual

is

qualified to practice

psychology,

a psychologist, a licensed psychology associate, a doctoral-level psychological assistant,

or

to act as

a

master’s-level

psychological

assistant, such offender shall be guilty of a misdemeanor.

assistant.

(b)

Upon the first offense,

the practitioner shall be fined

the individual is subject to a fine of

not less than $500 nor more than

$1000

$1,000

for each

offense;

offense

and, in addition, may be imprisoned for not more than 1 year. For

a second or

each

subsequent

conviction,

offense,

the

fine shall be

individual is subject to a fine of

not less than

$1000

$1,000

nor more than

$2000 for each offense

$2,000. The

Superior Court

shall have

has

jurisdiction over all violations of this chapter.

Section 23. Amend § 3521, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3521. Treatment records; discontinuation of a practice; termination of a patient relationship; death of a

psychologist.

licensee.

(a) (1) A

psychologist who is licensed under this chapter

licensee

shall provide notice

under this section

to all affected patients

no less than

at least

30 days before doing any of the following:

a. Discontinuing a psychology practice in this State

when

if

the

psychologist

licensee

is not transferring patient records to another provider in this State.

b. Terminating a patient relationship.

(2) The notice required under paragraph (a)(1) of this section must include all of the following:

a.

How

Instructions on how

the patient can obtain the patient’s records.

b. The name, phone number, and address of providers in the area who may be available to accept new patients who require

that

the same

medical care.

c. The date the

psychologist

licensee will

discontinue services.

(3) The notice required under paragraph (a)(1) of this section must be provided

by

through

all of the

following:

following methods:

a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

b. A letter sent by first-class mail.

(4) When a

psychologist

licensee

is closing a psychology practice and patient records will no longer be available at the

psychologist’s

licensee’s

place of business, the

psychologist

licensee

shall

provide to the Board notice

notify the Board

of how former patients

may

can

obtain the patient’s records.

(b) (1) If a

psychologist

licensee

dies and has not transferred patient records to another provider

and has not made provisions

or arranged

for

a

the

transfer of patient records

to occur

upon the

psychologist’s

the licensee’s

death, a personal representative of the

psychologist’s

licensee’s

estate shall provide notice to the deceased

psychologist’s

licensee’s

patients of record by doing all of the following:

a. Publishing a notice

to that effect

in a newspaper of general circulation in the area where the deceased

psychologist

licensee

practiced. The notice must be published at least 1 time per month in the 3-month period after the

psychologist’s

licensee’s

death.

b. Providing notice to all patients of record who have not requested their records

within

30 days after

publication of

publishing

the

first

notice

published

under paragraph (b)(1)a. of this section

by

through

all of the

following:

following methods:

1. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

2. A letter sent by first-class mail.

(2) The notice required under paragraph (b)(1) of this section must include all of the

following:

following information:

a. That the

psychologist

licensee

has died.

b. How the patient can obtain the patient’s records.

(3) The personal representative of the

person’s

licensee’s

estate shall

provide the Board notice

notify the Board

of how

a

former

patients

patient

may obtain the patient’s records.

(c) (1) If a patient changes from the care of a

psychologist

licensee

to another provider, the

psychologist

licensee

shall

transfer

transfer, with the patient’s written consent,

the patient’s records to the new provider upon the request of either the patient or the new

provider with the patient’s written consent.

provider.

(2) If the patient and

psychologist

licensee

agree, the

psychologist

licensee

may forward a summary of the patient’s record to the new provider in lieu of transferring the entire record, at no charge to the patient.

(d) (1) Patients have the right to obtain a copy of their records from a

psychologist.

licensee.

(2) Unless a patient is requesting a copy of their records under subsection (a) or (b) of this section

or

to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to

any

1 or more

of the following charges:

a. The reasonable expenses of copying the patient’s records, according to the payment schedule

established

under paragraph (d)(3) of this section.

b. The actual cost of postage or shipping, if the records are mailed or shipped.

c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.

(3) The Board shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually.

(4) The

psychologist

licensee

or

their

the licensee’s

third-party release-of-information service may require payment of all costs

allowed

under paragraph (d)(2) of this section before providing the copies of the records.

(e) This section does not apply to a

psychologist

licensee

who has seen or treated a patient on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:

(1) The referring provider.

(2) A hospital or an agency that has provided treatment for the patient.

(f) A

psychologist

licensee

has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for patient records, unless a faster response is medically necessary.

(g) (1) A

psychologist

licensee

may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the

following:

dates of any the following events:

a. Discontinuing business in this State.

b. The last entry

date

in the patient’s record after terminating the patient relationship or the patient changes from the care of the

psychologist

licensee

to another provider.

(2) Seven years after the death of the

psychologist,

licensee,

the

psychologist’s

licensee’s

personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(3) A

psychologist

licensee,

or the personal representative of the

psychologist

licensee

who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of

the disposal

disposing

of a patient’s records.

(h) The Board may find that a

psychologist

licensee

who violates this section has committed unprofessional conduct, and any aggrieved

patient

patient,

or the patient’s personal

representative

representative,

may bring a civil action for damages or injunctive

relief, or both,

relief

against the

violator.

licensee.

Section 24. Amend § 3522, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3522. Appointment of a custodian of patient records.

(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a

psychologist’s

licensee’s

physical or mental incapacity, death, or abandonment or involuntary discontinuation of a psychology practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the

psychologist’s

licensee’s

patient records after an investigation

in accordance with the procedures

is completed

under § 8735(h) of Title 29.

(b) (1) The custodian of patient records appointed under

subsection (a) of

this section shall notify the

psychologist’s

licensee’s

patients of record of the custodian’s appointment by doing all of the following:

a. Publishing

a

notice

to that effect

in a newspaper of general circulation in the area where the

psychologist

licensee

practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s

appointment and must explain how a patient can procure the patient’s records.

appointment.

b.

Notifying,

Sending,

by first-class mail,

notice to

all patients of record who have not requested their records

within

30 days after publication of the

first

notice

published

under paragraph (b)(1)a. of this

section that the custodian has been appointed and explaining how the patient can procure the patient’s records.

section.

(2)

The notice required under paragraph (b)(1) of this section must include all of the following information:

a. That the licensee has died.

b. How the patient can obtain the patient’s records.

(c)

Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(c)

(d)

A custodian

of patient records appointed under this section

who disposes of patient records

in accordance with the provisions

under subsection (c)

of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

Section 25. This Act takes effect on enactment and is to be implemented the earlier of the following:

(1) Twelve months from the date of the Act’s enactment.

(2) Notice by the Board of Examiners of Psychologists published in the Register of Regulations that final regulations to implement this Act have been adopted.

SYNOPSIS

This Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509A.

A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508A(e) added by this Act. The Board of Examiners of Psychologists (the “Board”) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity.

An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide for fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508A, § 3509, and § 3509A of Title 24.

This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

This Act is effective on its enactment and is to be implemented the earlier of the following:

1. Twelve months from the date of enactment.

2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted.

Author: Senator Pettyjohn