(a) Every licensee under this chapter shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other 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 licensee shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other 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.

(c) Every licensee shall report to the Division of Professional Regulation, in writing, any information that the reporting licensee reasonably believes indicates that an individual 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 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.

(d) A licensee shall file all reports required under subsections (a), (b), and (c) of this section within 30 days of the licensee becoming aware of any information that the licensee is required to report. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the licensee acted in good faith and without gross or wanton negligence. For purposes of this section, good faith is presumed until proven otherwise, and a complainant must show gross or wanton negligence.

85 Del. Laws, c. 317, § 20; 

(a) Nothing in this chapter 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, if such teaching, research, or service or consultation does not involve the direct practice of psychology with individuals or groups of individuals who are the intended beneficiaries of such services. 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 may be construed to prevent an individual who is a qualified member of other recognized professions from rendering services consistent with the individual’s professional training, the code of ethics of the individual’s respective profession, and the laws of this State, if the individual does not represent themselves to the public by using any title or description stating or implying that the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant, that the individual is licensed as a psychologist or licensed psychology associate, or that the individual is registered as a doctoral-level psychological assistant or a master’s-level psychological assistant.

(c) Nothing in this chapter may be construed to restrict the activities of rabbis, priests, ministers, or the clergy of any church, synagogue, religious denomination, or sect, if the activities are within the scope of the performance of their regular or specialized ministerial duties and no separate charge is made, or 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, religious denomination, or sect; and the person rendering service remains accountable to its established authority; and if they do not represent themselves to be 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 are permitted to use the title “school psychologist” or “certified school psychologist.” 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.

(e) [Repealed].

70 Del. Laws, c. 57, §  1;  73 Del. Laws, c. 65, §  29;  77 Del. Laws, c. 414, §  2;  85 Del. Laws, c. 317, § 21; 

(a) An individual is guilty of a misdemeanor whenever an individual not currently licensed as a psychologist or a licensed psychology associate, or registered as a doctoral-level psychological assistant or master’s-level psychological assistant, under this chapter, does any of the following:

(1) Engages in the practice of psychology.

(2) Acts as a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant.

(3) Uses, in connection with the individual’s own name, or otherwise assumes or uses any title or description that conveys or tends to convey the impression that the individual is a psychologist, a licensed psychology associate, a doctoral-level psychological assistant, or a master’s-level psychological assistant.

(b) Upon the first offense, the individual is subject to a fine of not less than $500 nor more than $1,000 for each offense and, in addition, may be imprisoned for not more than 1 year. For each subsequent offense, the individual is subject to a fine of not less than $1,000 nor more than $2,000. The Superior Court has jurisdiction over all violations of this chapter.

24 Del. C. 1953, §  3519;  58 Del. Laws, c. 380;  70 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 317, § 22; 

(a) (1) A licensee shall provide notice to all affected patients at least 30 days before doing any of the following:

a. Discontinuing a psychology practice in this State if the 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. 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 the same medical care.

c. The date the licensee will discontinue services.

(3) The notice required under paragraph (a)(1) of this section must be provided through all of the 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 licensee is closing a psychology practice and patient records will no longer be available at the licensee’s place of business, the licensee shall notify the Board of how former patients can obtain the patient’s records.

(b) (1) If a licensee dies and has not transferred patient records to another provider or arranged for the transfer of patient records upon the the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s patients of record by doing all of the following:

a. Publishing a notice in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee’s death.

b. Providing notice to all patients of record who have not requested their records within 30 days after publishing the notice published under paragraph (b)(1)a. of this section through all of the 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 information:

a. That the licensee has died.

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

(3) The personal representative of the licensee’s estate shall notify the Board of how a former patient may obtain the patient’s records.

(c) (1) If a patient changes from the care of a licensee to another provider, the licensee shall 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.

(2) If the patient and licensee agree, the 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 licensee.

(2) Unless a patient is requesting a copy of their records under subsection (a) or (b) of this section to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to 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 licensee or 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 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 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 licensee may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the dates of any the following events:

a. Discontinuing business in this State.

b. The last entry in the patient’s record after terminating the patient relationship or the patient changes from the care of the licensee to another provider.

(2) Seven years after the death of the licensee, the 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 licensee, or the personal representative of the 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 disposing of a patient’s records.

(h) The Board may find that a licensee who violates this section has committed unprofessional conduct, and any aggrieved patient, or the patient’s personal representative, may bring a civil action for damages or injunctive relief against the licensee.

84 Del. Laws, c. 86, § 3;  85 Del. Laws, c. 317, § 23; 

(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a 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 licensee’s patient records after an investigation 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 licensee’s patients of record of the custodian’s appointment by doing all of the following:

a. Publishing notice in a newspaper of general circulation in the area where the licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment.

b. Sending, by first-class mail, notice to all patients of record who have not requested their records within 30 days after publication of the notice published under paragraph (b)(1)a. of this 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.

(d) A custodian who disposes of patient records 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.

84 Del. Laws, c. 86, § 3;  85 Del. Laws, c. 317, § 24;