Delaware Code Title 24 Sec. 3514 – Grounds for refusal, revocation or suspension of licenses and …
(a) A practitioner licensed or registered under this chapter shall be subject to disciplinary actions set forth in § 3516 of this title, if, after a hearing, the Board finds that the psychologist or psychological assistant:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a psychologist or registration as a psychological assistant; has impersonated another person holding a license or registration, or allowed another person to use the psychologist or psychological assistant license or registration, or aided or abetted a person not licensed as a psychologist or registered as a psychological assistant to represent that person as a psychologist or psychological assistant;
(2) a. Has 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 shall be conclusive evidence therefor; however, 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). A waiver may not be granted for a conviction of a felony sexual offense.
b.-e. [Repealed.]
f. An applicant must submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:
1. 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 such information relating to that person.
2. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board shall be the screening point for the receipt of said federal criminal history records.
An applicant may not be licensed until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology may not be licensed by the Board unless a waiver is granted pursuant to this chapter. The State Bureau of Identification may release any subsequent criminal history to the Board;
(3) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);
(4) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities;
(5) Has not conducted the practitioner’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) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(7) Has had a license, certification or registration as a psychologist suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such 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 person licensed as a psychologist or person registered as a psychological assistant in this State shall be deemed to have given consent to the release of this 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) Has failed to notify the Board that the practitioner’s license, certification or registration as a psychologist or a 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 shall be conclusive evidence thereof;
(9) While acting as a supervising psychologist, has failed to supervise and take reasonable steps to see that psychological assistants perform services responsibly, competently and ethically, in accordance with rules and regulations established by the Board. Supervising psychologists shall be subject to disciplinary action for any acts or offenses which are grounds for such action when such acts or offenses are undertaken by the psychological assistant acting under the supervising psychologist’s direction or control;
(10) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has 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 thereto;
(12) Failed to report to the Division of Professional Regulation as required by § 3518A of this title;
(13) Has engaged in conversion therapy with a child; or
(14) Has referred a child to a provider in another jurisdiction to receive conversion therapy.
Terms Used In Delaware Code Title 24 Sec. 3514
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: shall mean the State Board of Examiners of Psychologists established in this chapter. See Delaware Code Title 24 Sec. 3502
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- 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. 3502
- Conviction: A judgement of guilt against a criminal defendant.
- 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: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3502
- Practice of psychology: shall mean the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health. See Delaware Code Title 24 Sec. 3502
- Psychological assistant: shall mean a person who is registered with the Board to perform certain functions within the practice of psychology, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title "psychological assistant. See Delaware Code Title 24 Sec. 3502
- Psychologist: shall mean a person 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. See Delaware Code Title 24 Sec. 3502
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- 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 the person was 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. See Delaware Code Title 24 Sec. 3502
- Supervising psychologist: shall mean a psychologist licensed in this State who has practiced as a licensed psychologist for 2 years in this or any other jurisdiction and who applies to the Board for the registration of a psychological assistant. See Delaware Code Title 24 Sec. 3502
(b) Where a practitioner fails to comply with the Board’s request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order.
(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license or registration shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice psychology or to act as a psychological assistant shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.
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;