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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2016

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24 DE Admin. Code 3000
On January 1, 2016, the Delaware Board of Mental Health and Chemical Dependency Professionals published proposed changes to its regulations in the Delaware Register of Regulations, Volume 19, Issue 7. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on January 27, 2016 at a regularly scheduled meeting of the Delaware Board of Mental Health and Chemical Dependency Professionals to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News.
Board Exhibit 3 - Letter dated February 10, 2016 from A.I. DuPont Hospital for Children supporting the regulations as proposed.
3. Pursuant to 24 Del.C. §3006(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
SO ORDERED this 24th day of February, 2016.
BY THE DELAWARE BOARD OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS
1.2 Governing Statute – Chapter 30 of Title 24 of the Delaware Code governs the Board and the professions under its purview. Licensees should look to the statute first for requirements, then to these regulations for clarification or elaboration. There are critical requirements in the statute that do not appear in these regulations.
2.1.4 Experience Applications must provide documentation of completion of 3,200 hours mental health counseling services, as defined in 24 Del.C. §3031(3), over a period of no less than two (2) but no more than four (4) consecutive years.
2.3.1 Renewal Date - The LPCMH license shall be renewable biennially on September 30th of even-numbered years. License renewal is accomplished online at the Division of Professional Regulation’s website.
3.1.4 If a supervisor licensed by this board is not available, the LACMH applicant may request approval from the board for supervision from a licensed professional counselor of mental health from another state who has held a license in good standing for a minimum of five (5) years in that state, has a certification from the National Board of Certified Counselors, and is pre approved by the Board.
4.3.1 Renewal Date. The LCDP shall be renewable biennially on or before September 30th of even-numbered years. License renewal is accomplished online at the Division of Professional Regulation’s website.
5.1.2 Experience. Applicants must provide documentation of completion of 3,200 hours of marriage and family therapy services, as defined in 24 Del.C. §3051(d), over a period of no less than two (2) but no more than four (4) consecutive years.
5.3.1 Renewal Date. The LMFT shall be renewable biennially on or before September 30th of even-numbered years. License renewal is accomplished online at the Division of Professional Regulation's website.
5.3.2.3.4 Any education or training that is not interactive/does not occur in real time with an instructor and students, trainees, or participants may only account for a maximum of 50% of the CE requirement. Examples include, but are not limited to, reading of professional education materials, correspondence courses and static online courses.
10.1.1 Menacing. 11 Del.C. §602(a).
10.1.2 Aggravated menacing. 11 Del.C. §602(b).
10.1.11 Terroristic threatening. 11 Del.C. §621(a) and (b).
10.1.15 Manslaughter. 11 Del.C. §632.
10.1.21 Abortion. 11 Del.C. §651.
10.1.22 Self abortion. 11 Del.C. §652.
10.1.27 Incest. 11 Del.C. §766.
10.1.36 Bestiality. 11 Del.C. §777.
10.1.57 Theft; felony. 11 Del.C. §841.
10.1.60 Extortion. 11 Del.C. §846.
10.1.64 Identity theft. 11 Del.C. §854.
10.1.65 Forgery. 11 Del.C. §861.
10.1.72 Bribery. 11 Del.C. §881.
10.1.73 Bribe receiving. 11 Del.C. §882.
10.1.92 Bigamy. 11 Del.C. §1001.
10.1.105 Bribery. 11 Del.C. §1201
10.1.131 Riot. 11 Del.C. §1302.
10.1.132 Hate crimes. 11 Del.C. §1304.
10.1.134 Stalking. 11 Del.C. §1312A.
10.1.143 Adulteration. 11 Del.C. §1339.
10.1.148 Obscenity. 11 Del.C. §1361.
11.1 "Telehealth Services" means the practice of Mental Health Counseling, Chemical Dependency Counseling, or Marriage and Family Therapy (hereinafter referred to as Behavioral Health Practice) by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.
Last Updated: December 31 1969 19:00:00.
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