The primary objective of the Board of Examiners of Psychologists, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and unlicensed.

70 Del. Laws, c. 57, §  1; 

For purposes of this chapter:

(1) “Board” means the State Board of Examiners of Psychologists established in this chapter.

(2) “Conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following:

a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.

b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity.

c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity.

(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.”

(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverages such that it impairs the individual’s ability to perform the work of a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant.

(5) “Licensed psychology associate” means an individual who licensed and authorized to engage on the practice of psychology under § 3508B 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 § 3509B(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.

(8) a. “Practice of psychology” means observing, describing, evaluating, testing, assessing, interpreting, and modifying human behavior by applying psychological principles, methods, 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, or undesired 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, mental health, and individual or group performance.

b. The practice of psychology includes 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, behavior, achievement, and neuropsychological function.

4. Providing evidence-based therapeutic interventions, such as cognitive rehabilitation, counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy to improve cognitive, mental, behavioral, physical, functional, and sociocultural health and wellness.

5. Diagnosing, treatment planning, treating, and managing psychological function; mental and emotional disorders; mental, developmental, or intellectual disabilities; substance misuse; substance use disorders; disorders of habit or conduct; and the psychological functional, and sociocultural aspects of physical illness, accident, injury, or and disability.

6. Providing psychoeducational evaluation, therapy, remediation, and consultation.

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

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 § 3509B 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” occurs regardless of whether payment is received for services rendered.

(9) “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 brain-based disorders for the purposes of classification or disability determination.

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

(10) “Psychologist” 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.

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

(12) “Substantially related” means the nature of the criminal conduct, for which 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 supervises a master’s-level psychological assistant, as provided by § 3509B of this title.

(14) “Supervising psychologist” means a psychologist licensed in this State who supervises a doctoral-level psychological assistant, as provided by § 3509 of this title, or a master’s-level psychological assistant, as provided by § 3509B of this title.

(15) “Supervision” means the face-to-face consultation between a doctoral-level psychological assistant or master’s level psychological assistant and the supervising 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.

24 Del. C. 1953, §  3501;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  1;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  72;  80 Del. Laws, c. 80, §  18;  81 Del. Laws, c. 340, § 8;  82 Del. Laws, c. 261, §§  13, 16;  83 Del. Laws, c. 52, § 17;  85 Del. Laws, c. 317, § 1; 

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

(b) The Board consists of 9 members who are appointed by the Governor and meet the following qualifications:

(1) All 9 members must be residents of this State.

(2) Five of the members must be psychologists licensed under this chapter.

(3) Four members must be public members.

(4) At least 3 members must be engaged full time in the practice of psychology.

(5) The public members may not be, nor ever have been, psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants, nor members of the immediate family of a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant; may not have been employed by a psychologist, licensed psychology associate, doctoral-level assistant, or master’s-level psychological assistant; may not have a material interest in the providing of goods and services to psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants; and may not have been engaged in an activity directly related to psychology. The public members must be accessible to inquiries, comments, and suggestions from the general public.

(c) Except as otherwise provided in subsection (d) of this section, each member is appointed for a period of 3 years and may serve 1 additional term in succession; however, if a member was initially appointed to fill a vacancy, the member may serve only 1 additional full term in succession. Any individual appointed to fill a vacancy on the Board serves for the remainder of the unexpired term of the former member. Each member’s term expires on the date specified in the appointment; however, the member remains eligible to participate in Board proceedings until replaced by the Governor.

(d) An individual who has never served on the Board may be appointed to the Board for 2 consecutive terms; however, after the individual has been appointed for 2 consecutive terms the individual is not eligible for 2 consecutive appointments. 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 may not be appointed to the Board again until an interim period of at least 1 year has expired since the individual last served.

(e) Any act or vote by an individual appointed in violation of this section 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 the amendment or revision amends this section to permit such an appointment.

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

(g) While serving on the Board, 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 apply to all members and to all agents appointed, or otherwise employed, by the Board.

(i) Any member who is absent, without adequate reason, for 3 consecutive meetings, or who fails to attend at least half of all regular Board meetings during any calendar year, is deemed in neglect of duty.

(j) Each member must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division of Professional Regulation under Section 9 of Article III of the Delaware Constitution.

24 Del. C. 1953, §  3502;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §§  2, 3;  65 Del. Laws, c. 223, §  1;  67 Del. Laws, c. 366, §  14;  67 Del. Laws, c. 368, §  22;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 85, § 18;  85 Del. Laws, c. 317, § 2; 

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

(b) The Board shall elect annually a President, Vice President, and Secretary. Each officer shall serve for 1 year, and each officer may not be elected for more than 2 consecutive terms.

(c) A majority of the members constitutes a quorum for the purpose of transacting business. Disciplinary action may not be taken without the affirmative vote of at least 5 members.

(d) Minutes of all meetings must be recorded, and copies 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 must be made. The cost of preparing any transcript is paid by the person requesting the transcript.

24 Del. C. 1953, §  3504;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §§  5, 6;  67 Del. Laws, c. 366, §  16;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 317, § 3; 

(a) The Division of Professional Regulation shall keep all of the following:

(1) A register of all applications for licensure as a psychologist or licensed psychology associate, and for registration as a doctoral-level psychological assistant or master’s-level psychological assistant.

(2) Complete records relating to all of the following:

a. Meetings of the Board.

b. Examinations.

c. Rosters.

d. Changes and additions to the Board’s rules and regulations.

e. Complaints.

f. Hearings.

g. Other matters as the Board may determine.

(b) The records kept under this section are prima facie evidence of the proceedings of the Board.

24 Del. C. 1953, §  3505;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  7;  70 Del. Laws, c. 57, §  1;  85 Del. Laws, c. 317, § 4; 

(a) The Board of Examiners of Psychologists may do all of the following:

(1) Promulgate rules and regulations, with appropriate notice to those affected and in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29). Each rule or regulation must implement or clarify a specific section of this chapter.

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

(3) Designate the written standardized Examination for Professional Practice in Psychology (EPPP) to be taken by all applicants applying for licensure. Applicants who qualify for licensure by reciprocity must have achieved a passing score on the EPPP.

(4) Provide for the administration of all examinations, including notice and information to applicants.

(5) Establish minimum education, training, and experience requirements for licensure as psychologists or licensed psychology associates and for registration as doctoral-level psychological assistants or master’s-level psychological assistants.

(6) Evaluate the credentials of all applicants applying for licensure as a psychologist or licensed psychology associate and all applicants applying for registration as a doctoral-level psychological assistant or master’s-level psychological assistant, in order to determine if each applicant meets the qualifications for licensing or registration set forth in this chapter.

(7) Grant licenses to and renew the licenses of all individuals who meet the qualifications for licensure or license renewal under this chapter.

(8) Register and renew the registration of all individuals who meet the qualifications for registration or registration renewal under this chapter.

(9) Establish, by rule and regulation, continuing education standards required for license renewal and registration renewal.

(10) Evaluate certified records to determine if an applicant for licensure or registration, who has been previously licensed, certified, or registered in another jurisdiction to engage in the practice of psychology, has committed any act or offense that would be grounds for disciplinary action under this chapter and if there are disciplinary proceedings or unresolved complaints pending against the applicants for the act or offense.

(11) Refer to the Division of Professional Regulation, for investigation pursuant to § 8735(h) of Title 29, all complaints from licensees and the public concerning 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, with the investigation of the technical aspects of a complaint referred under paragraph (a)(11) of this section.

(13) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735(h) of Title 29. 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 governs.

(14) If it is determined after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(15) Suspend or revoke a supervising psychologist’s authorization to supervise a 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 commits any of the acts or offenses that are grounds for disciplinary action under this chapter.

(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 for the supervision.

(b) The Board shall 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.

70 Del. Laws, c. 57, §  1;  74 Del. Laws, c. 262, §  73;  85 Del. Laws, c. 317, § 5;