(a) 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.

(2) Represent to the public in this State that the individual is qualified to engage in the practice of psychology.

(3) Use in connection with that individual’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the individual is qualified to engage in the practice of psychology.

(b) 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 is unlawful for the individual to engage in the practice of psychology in this State.

(c) An individual may not act as a doctoral-level psychological assistant or 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 the individual has been duly registered under this chapter.

24 Del. C. 1953, §  3506;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  8;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 317, § 6; 

(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 the applicant has done all of the following qualifications:

(1) a. Received a doctoral degree based on a program of study that is psychological in content and specifically designed to train and prepare psychologists. The doctoral 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 Psychological Association (APA), the Canadian Psychological Association (CPA), the Psychological Clinical Science Accreditation System (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 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.

(3) After receiving the doctoral 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.

(4) Achieved a passing score on the Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor.

(5) 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 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) (1) An applicant who is applying for licensure as a psychologist 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 (34 U.S.C. § 41101). 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) 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.

(3) 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.

24 Del. C. 1953, §  3507;  58 Del. Laws, c. 380;  59 Del. Laws, c. 265, §  1;  62 Del. Laws, c. 314, §  9;  65 Del. Laws, c. 223, §  2;  67 Del. Laws, c. 200, §  4;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 280, §  1;  79 Del. Laws, c. 364, §  1;  83 Del. Laws, c. 433, § 23;  85 Del. Laws, c. 317, § 7; 

(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 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 Psychological Association (APA), the Canadian Psychological Association (CPA), the Psychological Clinical Science Accreditation System (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 National Association of Credential Services (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 Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (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 who is applying for licensure as a licensed psychology associate 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 (34 U.S.C. § 41101). 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) 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.

(3) 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, measures of intellectual ability, 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 to 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 consultation that requires doctoral-level psychology education and training. Additionally, a 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.

85 Del. Laws, c. 317, § 8; 

(a) An applicant who is applying for registration as a doctoral-level psychological assistant under this chapter shall do all of the following:

(1) Provide the Board with a statement that is signed by a supervising psychologist and clearly delineates the specific functions that the applicant will perform under the supervising psychologist’s direct supervision and control. The supervising psychologist who signs the statement must have been practicing as a licensed psychologist for at least 2 years.

(2) Submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:

a. 1. Has completed all requirements for a doctoral degree in psychology from an American Psychological Association (APA) accredited program, a Canadian Psychological Association (CPA) accredited program, a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or an equivalent program approved by the Board. A doctoral-level psychological assistant registered before July 17, 2010, who maintains the doctoral-level psychological assistant’s registration is exempt from this requirement.

2. Subject to paragraph (a)(2)a.1. of this section, 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 National Association of Credential Services (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.

c. Will perform the specific 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.

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 applicant’s work.

e. Subject § 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 applicant in any jurisdiction where the applicant has been or currently is licensed, registered, or certified to engage in the practice of psychology.

(b) An applicant who is applying for registration as a doctoral-level psychological assistant shall provide statements under oath to the Board that the applicant will do all of the following:

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

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

(3) Not represent themselves as a licensed psychologist.

(c) (1) An applicant who is applying for registration as a doctoral-level psychological assistant 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 (34 U.S.C. § 41101). 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) 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.

(3) 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 doctoral-level psychological assistants that a supervising psychologist may supervise and the requirements for supervision.

(e) An individual registered under this section as a “psychological assistant” before [the implementation date of 85 Del. Laws, c. ___] is considered a “doctoral-level psychological assistant” and may use the title “doctoral-level psychological assistant”, as approved by the Board.

70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 414, §  1;  79 Del. Laws, c. 364, §  1;  80 Del. Laws, c. 286, § 1;  83 Del. Laws, c. 433, § 23;  85 Del. Laws, c. 317, § 9; 

(a) An applicant who is applying for registration as a master’s-level psychological assistant under this chapter shall do all of the following:

(1) Provide the Board with a statement that is signed by a supervising psychologist or supervising licensed psychology associate and clearly delineates the specific functions that the applicant will perform under the supervising psychologist’s or supervising licensed psychology associate’s direct supervision and control. The supervising psychologist or supervising licensed psychology associate who signs the statement must have been practicing as a licensed psychologist or licensed psychology associate for at least 3 years.

(2) Submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:

a. 1. Has completed all requirements for a master’s degree in psychology from an American Psychological Association (APA) accredited program, a Canadian Psychological Association (CPA) accredited program, a Psychological Clinical Science Accreditation System (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 applicants are required to have their credentials evaluated by a credential evaluation service, approved by National Association of Credential Services (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 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 applicant’s work.

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 applicant in any jurisdiction where the applicant has been or currently is licensed, registered, or certified to engage in the practice of psychology.

(b) An applicant who is applying for registration as a master’s-level psychological assistant shall provide statements, under oath, to the Board that the applicant 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 applicant who is applying for registration a master’s-level psychological assistant 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 (34 U.S.C. § 41101).. 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) 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.

(3) 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.

85 Del. Laws, c. 317, § 10; 

(a) Individuals who are licensed as psychologists or registered as doctoral-level psychological assistants in this State prior to June 12, 1995, 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 shall qualify for licensing without examination any individual who applies for licensure and who is certified by the American Board of Professional Psychology, subject to the provisions of this chapter.

(c) Nothing in this chapter prohibits the practice of psychology in this State by 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 if the individual does not exceed an aggregate of 6 days of professional services as a psychologist, per calendar year.

(d) 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.

24 Del. C. 1953, §  3508;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  10;  70 Del. Laws, c. 57, §  1;  81 Del. Laws, c. 340, § 9;  85 Del. Laws, c. 317, § 11; 

(a) 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 all of the following:

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

(2) Evidence that the applicant has practiced continually for 2 years.

(3) Evidence that the applicant has achieved the passing score set by the Board on the Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor, as approved by the Board.

(4) For an applicant applying as doctoral-level psychologist, evidence that the applicant has received a doctoral degree in psychology, or in a closely-allied field if the Board finds that the training required for the doctoral degree in a closely-allied field is substantially similar to the training required for a doctoral degree in psychology, from a recognized educational institution or has otherwise had training in psychology that the Board deems equivalent to a doctoral 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 National Association of Credential 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 § 3508B of this title.

(b) (1) Upon receipt of an application from an applicant applying under this section, the Board shall request a certified statement from the licensing authority, or comparable agency, in the other jurisdiction to determine whether there are disciplinary proceedings or unresolved complaints pending against the applicant or whether the applicant has engaged in any acts or offenses that would be grounds for disciplinary action under this chapter.

(2) If a disciplinary proceeding or unresolved complaint is pending, the applicant may not be licensed or registered until the proceeding or complaint has been resolved. Applicants for licensure under this section 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, 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 supplemental information that the Board deems necessary to assure that the applicant meets the qualifications for licensure.

70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 337, §  1;  79 Del. Laws, c. 364, §  1;  83 Del. Laws, c. 197, § 1;  85 Del. Laws, c. 317, § 12; 

The amount charged for each fee imposed under this chapter 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 must be a separate fee for each service or activity, but a fee may not be charged for a purpose not specified in this chapter. The application fee may not be combined with any other fee. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.

24 Del. C. 1953, §  3510;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  11;  65 Del. Laws, c. 380, §  5;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 317, § 13; 

(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 fees charged under § 3512 of this title.

(b) Each license or registration must be renewed biennially, in the manner determined by the Division of Professional Regulation, upon payment of the appropriate 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 within which a licensed psychologist, a licensed psychology associate, a registered doctoral-level psychological assistant, or a registered master’s-level psychological assistant may still renew the licensee’s license or registrant’s registration, after the licensee or registrant fails to renew on or before the renewal date.

(d) All licensees are required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, to perform subsequent criminal background checks.

(e) All licensee’s, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. 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 reenter practice and completion of continuing education required by the Board’s rules and regulations. The Board may promulgate regulations for resuming active status.

24 Del. C. 1953, §  3511;  58 Del. Laws, c. 380;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 148, §  2;  79 Del. Laws, c. 129, §  1;  79 Del. Laws, c. 277, §  11;  85 Del. Laws, c. 317, § 14; 

(a) A licensee or registrant is subject to disciplinary actions set forth in § 3516 of this title, if, after a hearing, the Board finds that the individual has done any of the following:

(1) 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 individual who is licensed or registered under this chapter, or allowed another person to use the 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 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 the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant.

(2) a. Been convicted of a crime that is substantially related to the practice of psychology. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction. But if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, through a hearing or review of 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). The Board may not grant a waiver for a conviction of a felony sexual offense.

b.-f. [Repealed.]

(3) Excessively used or abused drugs.

(4) Engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities.

(5) Failed to conduct the 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.

(6) Violated a lawful provision of this chapter, or any lawful regulation established under this chapter.

(7) Had a license, certification, or registration as a 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, if the underlying grounds for the disciplinary action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every individual licensed as a psychologist or a licensed psychology associate and every individual registered as a doctoral-level psychological assistant or master’s-level psychological assistant in this State is deemed to have given consent to the release of 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.

(8) Failed to notify the Board that the licensee’s or registrant’s license, certification, or registration as a 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, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence of the disciplinary action, surrender, suspension, or revocation.

(9) While acting as a supervising psychologist or a supervising licensed psychology associate, failed to supervise and take reasonable steps to see that doctoral-level psychological assistants or master’s-level psychological assistants perform services responsibly, competently, and ethically, in accordance with rules and regulations established by the Board. Supervising psychologists and supervising licensed psychology associates are subject to disciplinary action for any acts or offenses that are grounds for disciplinary action when 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.

(10) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, been convicted of a felony sexual offense.

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

(12) Failed to report to the Division of Professional Regulation as required by § 3519 of this title.

(13) Engaged in conversion therapy with a child.

(14) Referred a child to a provider in another jurisdiction to receive conversion therapy.

(b) Whenever a licensee or registrant fails to comply with the Board’s request that the licensee or registrant attend a hearing, the Board may petition the Superior Court to order the licensee’s or registrant’s attendance, and the Court has jurisdiction to issue such order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, 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 until the licensee or registrant has been given notice and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

24 Del. C. 1953, §  3513;  58 Del. Laws, c. 380;  62 Del. Laws, c. 314, §  13;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  74;  75 Del. Laws, c. 436, §  39;  77 Del. Laws, c. 199, §  29;  78 Del. Laws, c. 44, §§  56, 57;  78 Del. Laws, c. 148, §§  1, 3;  79 Del. Laws, c. 364, §  1;  80 Del. Laws, c. 286, § 2;  81 Del. Laws, c. 340, § 10;  83 Del. Laws, c. 433, § 23;  85 Del. Laws, c. 317, § 15; 

(a) The Division of Professional Regulation shall receive and investigate all complaints, in accordance with § 8735(h) of Title 29. The Division of Professional Regulation shall issue a final written report at the conclusion of its investigation.

(b) 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 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 individual in accordance with the provisions of this chapter.

(c) The Division of Professional Regulation shall investigate complaints involving allegations of unprofessional conduct or incompetence.

70 Del. Laws, c. 57, §  1;  85 Del. Laws, c. 317, § 16; 

(a) Whenever the Board finds that a licensee or registrant has violated § 3514 of this title, the Board may impose 1 or more of the following sanctions:

(1) Issue a letter of reprimand.

(2) Censure a licensee or registrant.

(3) Place a licensee or registrant on probationary status, and require the 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.

b. Limit all practice and professional activities to the areas prescribed by the Board.

(4) Suspend any licensee’s license or registrant’s registration.

(5) Revoke any 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 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 the Board to place an individual on probationary status have been remedied.

(c) If a formal or informal complaint concerning activity of a licensee or registrant that presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee’s license or registrant’s registration, pending a hearing, upon the written order of the Secretary of State, or the Secretary’s designee, with the concurrence of the Board President, or the Board President’s designee. An order temporarily suspending a license may not be issued unless the individual or the individual’s attorney receives at least 24 hours’ written or oral notice before the temporary suspension so that the individual or the individual’s attorney may file a written response to the proposed temporary suspension. The decision whether to issue the temporary order of suspension 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 individual requests a continuance of the hearing date. If the temporarily suspended 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. 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, if the Board receives the request within 5 calendar days from the date on which the individual received notification of the decision to temporarily suspend the individual’s license or registration.

(d) Whenever an individual’s license or registration has been suspended due to a disability of the individual, the Board may reinstate the individual’s license or registration if, after a hearing, the Board is satisfied that the individual is able to practice with reasonable skill and safety.

(e) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may impose any disciplinary or corrective measures authorized under this chapter.

70 Del. Laws, c. 57, §  1;  78 Del. Laws, c. 148, §  4;  79 Del. Laws, c. 213, §  2;  80 Del. Laws, c. 286, § 3;  85 Del. Laws, c. 317, § 17; 

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

(b) All hearings 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 must be in writing and must include the Board’s reasons for its decision. The Board’s decision must be mailed immediately to the licensee or registrant.

(c) If a licensee or registrant disagrees with the action of the Board, the licensee or registrant may appeal the Board’s decision to the Superior Court within 30 days of service or within 30 days of the postmarked date of the copy of the decision mailed to the licensee or registrant. Upon a licensee’s or registrant’s appeal the Court shall hear the evidence on the record. Stays must be granted in accordance with § 10144 of Title 29.

70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 317, § 18; 

(a) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may reinstate 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 satisfied all of the conditions of the suspension or the probation.

(b) Whenever a license or registration has been suspended due to the licensee’s or registrant’s inability to practice under this chapter, the Board may reinstate 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, licensed psychological associate, doctoral-level psychological assistant, or master’s-level psychological assistant, with or without reasonable accommodations; and there is no longer a significant risk of substantial harm to the health and safety of the individual or others.

(c) 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 or probation have been met. The Board may also require proof that the licensee or registrant has met the continuing education requirements of this chapter, as appropriate.

(d) [Repealed.]

24 Del. C. 1953, §  3514;  58 Del. Laws, c. 380;  67 Del. Laws, c. 200, §  8;  70 Del. Laws, c. 57, §  1;  82 Del. Laws, c. 8, § 15;  85 Del. Laws, c. 317, § 19; 

(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other 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 report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other 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 abuse of drugs, including alcohol.

(c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.

78 Del. Laws, c. 148, §  5;  84 Del. Laws, c. 86, § 7;