DEPARTMENT OF STATE

Division of Professional Regulation

3000 Board of Mental Health and Chemical Dependency Professionals

Statutory Authority: 24 Delaware Code, Section 3006(a)(1) (24 Del.C. §3006(a)(1)) 24 DE Admin. Code 3000

FINAL

FINAL ORDER

After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on November 29, 2005 at a scheduled meeting of the Delaware Board of Mental Health Chemical Dependency Professionals to receive comments regarding proposed amendments to Regulation 5.0: Application and Fee, Affidavit and Time Limit. The full text of the proposed regulation was published in the Register of Regulations, Vol. 9, Issue 2, on August 1, 2005.

Summary of the Evidence and Information Submitted

No written comments were received. No public comment was received at the November 29, 2005 hearing.

Findings of Fact With Respect to the Evidence

and Information Submitted

The Board finds that the proposed amendments to Regulation 5.0 are necessary in order to make the regulation consistent with the mandate of Senate 229 enacted by the 142nd General Assembly. The proposal strikes regulation 5.2.4 as currently written with references to felony convictions and replaces it with language that requires an applicant to submit an affidavit stating that the applicant has not been convicted of and has no pending criminal charge(s) relating to any crime that is substantially related to the provision of mental health counseling and chemical dependency counseling. The proposal also amends the rule where applicable to include references to chemical dependency professionals. The proposed regulation also changes the name of the Board in applicable sections to conform to the Board’s new title resulting from House Bill 215 as amended by House Amendment No. 1 and Senate Amendment No.1 enacted by the 143rd General Assembly adding licensed marriage and family therapists to those professionals regulated by the Board.

Decision and Effective Date

The Board hereby adopts the amendments to Regulation 5.0 to be effective 10 days following publication of this order in the Register of Regulations.

Text and Citation

The text of the regulation remains as published in Register of Regulations, Vol. 9, Issue 2, on August 1, 2005, without any changes, and as attached hereto as Exhibit A.

SO ORDERED this ____day of __________, 2005.

BOARD OF MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS

David Ciamaricone, LPCMH, President, Professional

Member

James D. Wilson, Ed.D, LPCMH, Vice-President,

Professional Member

Russell Bushkirk, LCSW, LCDP, Professional Member

Dr. Kathleen Nichols, LPCMH, LCDP, Professional

Member

John Dowling, LPCMH, LCDP

Jean Gunnells, LPCMH, Professional Member

Michael Kriner, LCSW, LCDP, Professional Member

Carmetah Murray, Public Member

Vera Murrell, Public Member

Dawn Brown, Public Member

3000 Board Mental Health and Chemical Dependency Professionals

5.0 Application and Fee, Affidavit and Time Limit

When applying for licensure, the applicant shall complete the following:

5.1 Application and Fee - The applicant shall submit a completed "Application for Licensure," accompanied by a non-refundable application fee.

5.2 Affidavit - The applicant shall submit a signed, notarized "Affidavit," affirming the following:

5.2.1 that he/she has not violated any rule or regulation set forth by the Delaware Board of Professional Counselors of Mental Health; Mental Health and Chemical Dependency Professionals;

5.2.2 that he/she has not been the recipient of any administrative penalties from any jurisdiction in connection with licensure, registration or certification as a mental health or chemical dependency provider,

5.2.3 that he/she does not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to safely act as a LPCMH or LACMH, mental health or chemical dependency professional;

5.2.4 that he/she has not been convicted of any felony and that he/she does not have any criminal conviction or pending criminal charge, whether felony or misdemeanor, which is substantially related to fitness to practice as a mental health provider; and that he/she has not been convicted of and has no pending criminal charge(s) relating to any crime that is substantially related to the provision of mental health counseling or chemical dependency counseling; and

5.2.5 that the applicant has not been penalized for any willful violation of any code of ethics or professional mental health or chemical dependency counseling standard.

5.3 Time Limit for Completion of Application - Any application not completed within one (1) year shall be considered null and void.

Statutory authority: 24 Del.C. §§3008, 3009, 3010.

4 DE Reg. 970 (12/1/00)

*Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Board of Mental Health and Chemical Dependency Professionals is available at:

http://www.professionallicensing.state.de.us/boards/profcounselors/index.shtml

9 DE Reg. 1106 (01/01/06) (Final)