Delaware Code Title 24 Sec. 3006 – Powers and duties
(a) The Board shall have the power to:
(1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of Title 29.
(2) Designate an application form to be used by all applicants and process all applications.
(3) Evaluate the credentials of all applicants in order to determine whether the applicants meet the qualifications for licensing set forth in this chapter.
(4) Grant licenses to and renew licenses of applicants who meet the qualifications for licensure.
(5) Establish by rule and regulation continuing education standards required for license renewal.
(6) Evaluate certified records to determine whether an applicant for license who previously has been licensed, certified or registered in another jurisdiction has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such acts or offenses.
(7) Refer all complaints from licensees and the public concerning persons licensed under this chapter, or concerning practices of the Board or of a profession regulated by the Board, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(8) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(9) Where it has been determined after a hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
(10) Adopt a code of ethics for each profession licensed by the Board, which code may be a code of ethics adopted by a national organization which certifies members of the profession.
(11) Appoint 1 or more credentialed art therapists to advise and assist the Board in adopting rules and regulations setting qualifications and procedures for licensing professional art therapists, evaluating credentials of applicants, adopting a code of ethics for the practice of art therapy, setting continuing education standards required for license renewal, and providing such other assistance as determined by the Board.
Terms Used In Delaware Code Title 24 Sec. 3006
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Board of Mental Health and Chemical Dependency Professionals. See Delaware Code Title 24 Sec. 3002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Professional Regulation of the State of Delaware. See Delaware Code Title 24 Sec. 3002
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Substantially related: means the nature of the criminal conduct, for which a person was convicted, has a direct bearing on the fitness or ability of the person to perform 1 or more of the duties or responsibilities of a licensed mental health, chemical dependency, marriage and family therapy, or art therapy professional. See Delaware Code Title 24 Sec. 3002
(b) The Board shall, by regulation, identify crimes which are substantially related to the practice of a mental health or chemical dependency professional.
66 Del. Laws, c. 128, § ?1; 68 Del. Laws, c. 52, § ?1; 72 Del. Laws, c. 267, § ?1; 74 Del. Laws, c. 262, § ?60; 74 Del. Laws, c. 355, §§ ?9-11; 75 Del. Laws, c. 83, § ?1; 81 Del. Laws, c. 165, § 1;