(a) A person licensed under this chapter is subject to the disciplinary sanctions set forth in § 3011 of this title if, after a hearing, the Board finds that the licensee has:

(1) Employed or knowingly cooperated in a fraud or material deception in order to acquire a license under this chapter; has impersonated another person holding a license or allowed another person to use the licensee’s license; or has aided or abetted a person not licensed to represent himself or herself as a person licensed under this chapter.

(2) Been convicted of a crime that is substantially related to the practice of a mental health or chemical dependency professional. A certified copy of the record of conviction shall be conclusive evidence of a conviction.

(3) Excessively used or abused drugs in the past 3 years or currently.

(4) Engaged in an act which involved consumer fraud or deception, restraint of competition, or price fixing.

(5) Violated a provision of this chapter or a regulation promulgated by the Board under this chapter.

(6) Had the licensee’s professional license under this chapter suspended or revoked, or has been the subject of disciplinary action taken by the appropriate licensing authority of another jurisdiction; provided, that the grounds for the disciplinary action of the other jurisdiction have been presented to the Board by a certified record and the Board has determined that the facts found by the other jurisdiction constitute an act specified in this section. A person licensed in this State pursuant to this chapter is deemed to have given consent to the release of information by the Board or by a comparable agency in another jurisdiction and to waive all objections to the admissibility of evidence of a previously adjudicated act or offense.

(7) Failed to notify the Board that the licensee’s license in another jurisdiction 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 of a license shall be conclusive evidence thereof.

(8) Been convicted of a felony sexual offense.

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

(10) Failed to report to the Division of Professional Regulation as required by § 3018 of this title.

(11) Engaged in conversion therapy with a child.

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

Terms Used In Delaware Code Title 24 Sec. 3009

  • Board: means the Board of Mental Health and Chemical Dependency Professionals. See Delaware Code Title 24 Sec. 3002
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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. See Delaware Code Title 24 Sec. 3002
  • Conviction: A judgement of guilt against a criminal defendant.
  • Division: means the Division of Professional Regulation of the State of Delaware. See Delaware Code Title 24 Sec. 3002
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Person: means a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3002
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • 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) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board and no licensee’s right to hold himself or herself out as an individual licensed under this chapter shall be limited by the Board until such licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

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

66 Del. Laws, c. 128, § ?1; 68 Del. Laws, c. 52, § ?1; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 267, § ?1; 74 Del. Laws, c. 262, §§ ?62, 63; 75 Del. Laws, c. 83, § ?1; 78 Del. Laws, c. 31, § ?1; 79 Del. Laws, c. 213, § ?2; 81 Del. Laws, c. 340, § 7;

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