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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2018

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24 DE Admin. Code 3000
On April 8, 2018, the Delaware Board of Mental Health and Chemical Dependency Professionals published proposed changes to its regulations in the Delaware Register of Regulations, Volume 21, Issue 10. 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 April 25, 2018 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.
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 23rd day of May, 2018.
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.
2.1.22.1 Graduate Transcript. The applicant's master's degree in Clinical Mental Health counseling required by his/her certifying organization for certification, shall be documented by an official transcript submitted directly to the Board by the accredited educational institution granting the degree. In cases where an applicant’s master’s degree required remediation by the certifying organization the completion date of remediation courses shall be considered the conferment date of the degree of record for all matters before the Board.
2.1.42.4 Experience Applications Required Supervision Hours. Applicants must provide documentation of completion of 3,200 hours of 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.
2.1.4.12.4.1 Of the required 3,200 hours of total experience, 1,600 hours must have been completed under the professional direct supervision of an individual who meets the requirements of regulations 3.1.1 subsections 2.5 - 2.5.3. Direct supervision acceptable to the Board shall mean supervision overseeing the supervisee’s application of clinical counseling principles, methods or procedures to assist individuals in achieving more effective personal and social adjustment. The 1,600 hours of supervised clinical experience must be fulfilled as follows:
2.1.4.1.12.4.1.1 At least 1,500 of the 1,600 hours must be in the actual provision of face to face direct mental health counseling services. Of the 1,500 hours at least 750 of the hours must be individual face to face client sessions and must include the actual provision of direct mental health counseling services; the additional 750 hours may be individual, group, couple or family counseling services, or some combination of those services:
2.1.4.1.22.4.1.2 One At least one hundred (100) hours of face to face professional direct supervision with the applicant’s supervisor. Face to face supervision includes both in person and live video conferencing providing supervision by live video conferencing does not exceed fifty percent (50%) of the total 100 hours of supervision.
2.1.4.1.2.12.4.1.2.1 Individual Direct Supervision. Individual supervision shall consist of one to one, face to face meetings between LPCMH and LACMH the supervisor and supervisee. The entire 100 hour requirement may be fulfilled by individual supervision.
2.1.4.1.2.22.4.1.2.2 Group Supervision. Group supervision shall consist of face to face meetings between LPCMH the supervisor and no more than six (6) LACMH supervisees. No more than 40 hours of group supervision shall be acceptable towards fulfillment of the 100 hour direct supervision requirement.
2.1.4.22.4.2 Hours completed under the supervision of an individual who does not meet the requirements of 3.1.1 subsections 2.5 - 2.5.3 will not count towards the fulfillment of the 1,500 hours of supervised experience but may count towards the fulfillment of the 1,600 hours of experience not required to be a supervised.
2.1.4.32.4.3 Supervision shall be verified by the “Direct Supervision Reference Form,” which must be submitted directly to the Board by the approved clinical supervisor. Each supervisor must affirm that the LAMHC applicant is prepared to practice independently without reservations.
2.22.6 Licensure by Reciprocity Requirements
2.2.12.6.1 Proof of Licensure Status - The applicant shall hold an active professional counseling license in good standing from another state. Verification of licensure status shall be submitted directly to the Board by that state on the "Verification of Licensure or Certification from Another State" form.
2.2.22.6.2 Notarized Statement of Prior Licensing Jurisdictions - The applicant shall submit a notarized statement listing all licensing jurisdictions in which he/she formerly practiced and a signed "Release of Information" granting the Board permission to contact said jurisdictions for verification of disciplinary history and current status.
2.2.32.6.3 Determination of Substantial Similarity of Licensing Standards - The applicant shall submit a copy of the statute and rules of licensure from the state issuing his/her license. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the educational, experience and supervision requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant's licensing state are substantially similar to those of Delaware.
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.
2.3.2.2.1 Purpose – The CE requirement is intended to maintain licensees' professional competence in the practice of professional mental health counseling, marriage and family therapy, and chemical dependency counseling.
2.3.2.2.2 Licensees must complete at least 40 acceptable CE hours during the previous licensure period in order to renew their license. CE requirements for initial licensure periods of less than two (2) years shall be prorated as follows:
2.3.2.2.2.1 If the license was granted between April 1 and September 30 of an even-numbered year, the licensee must complete 0 hours of CE during his or her initial licensing period.
2.3.2.2.3.1 CE hours approved by a national mental health organization or substance abuse treatment organization or their local affiliates, such as the National Board for Certified Counselors, Inc. (NBCC), American Association for Marriage and Family Therapy (AAMFT), the International Family Therapy Association (IFTA), NAADAC, The Delaware Certification Board, Inc. or National Association for Social Work (NASW), or the American Psychological Association (APA) are acceptable, regardless of course content, and do not need to be approved by the Board.
2.3.2.2.3.2 Any activity that would achieve the purpose of the CE requirement, explained in section 2.3.2.2.1 above, is acceptable and does not require Board review and approval. Examples include, but are not limited to, interactive courses, workshops, seminars and webinars.
2.4.2.1 Written Request – Submit a written request to have the license returned to active status.
2.4.2.2 Certification Provide proof of certification in good standing by NBCC or another certifying organization acceptable to the Board pursuant to regulation 2.1.1.1.
2.4.2.3 Continuing Education – Provide proof of completion of 40 hours of acceptable CE, obtained within the two (2) year period immediately preceding the request for return to active status.
2.4.2.4 Fee – Pay the licensure renewal fee. No late fee shall be assessed for return to active status.
2.52.7 Ethics - The practice of all persons licensed as an LPCMHs shall conform to the principles of the National Board for Certified Counselors’ Code of Ethics (Code). Violation of the Code shall constitute grounds for discipline.
3.1 Experience. LACMH applicants must provide a written plan for acquiring the LPCMH experience requirements contained in regulation 2.1.3 in conformity with subsections 2.3 – 2.4 above. The plan must be signed by the applicant’s proposed supervisor. Supervisors must be acceptable to the Board.
3.1.1 To be acceptable to the Board, the supervisor must have been in practice for two years post licensure in this or any other jurisdiction without having been subject to any disciplinary actions; and meet the requirements of subsections 2.5 – 2.5.3 above.
3.2 Licensees must notify the Board in writing, on the Board approved form, within 30 days if there is a change in the clinical supervision. Any supervisor must meet the requirements of 3.1.1. All changes are subject to Board approval. To obtain approval contact the Board office or to the website www.dpr.delaware.gov to obtain the proper form.
3.3 Ethics. The practice of all persons licensed as an LAMCHs shall conform to the principles of the National Board for Certified Counselors’ Code of Ethics (Code). Violation of the Code shall be grounds for discipline.
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.
4.3.2.2.1 Purpose. The CE requirement is intended to maintain licensees' professional competence in the practice of mental health counseling, marriage and family therapy and chemical dependency counseling.
4.3.2.2.2 Licensees must complete at least 40 acceptable CE hours during the previous licensure period in order to renew their license. CE requirements for initial licensure periods of less than two (2) years shall be prorated, as follows:
4.54.3 Ethics. The Board hereby adopts the current version of the National Association for Addictions Professionals (NAADAC) Code of Ethics (Code). The practice of all persons possessing an LCDP license shall conform to the principles of the Code. Violation of the Code shall constitute grounds for discipline.
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.
5.3.2.3.1 CE courses approved by a national mental health or substance abuse treatment organization or their local affiliates, such as the American Association for Marriage and Family Therapy (AAMFT), the International Family Therapy Association (IFTA), the National Board for Certified Counselors, Inc. (NBCC), NAADAC, The Delaware Certification Board, Inc., the National Association for Social Work (NASW), or the American Psychological Association (APA) are acceptable, regardless of course content, and do not need to be approved by the Board.
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.
5.55.3 Ethics - The Board hereby adopts the current version of the American Association for Marriage and Family Therapy (AAMFT) Code of Ethics ("Code"). The practice of all persons possessing an LMFT or LAMFT shall conform to the principles of the Code. Violation of the Code shall constitute grounds for discipline.
6.3 Experience. LAMFT applicants must provide a written plan for acquiring the LMFT experience requirements contained in regulation subsection 5.1.2 above. The plan must be signed by the applicant's proposed supervisor. Supervisors must be acceptable to the Board.
6.3.1.5 only if one of the above is not available, an individual with the following license from any state: clinical social worker, psychologist, professional counselor of mental health, or physician specializing in psychiatry with training in marriage and family therapy supervision Supervision by a non-LMFT may be approved by the Board if the applicant can establish that the supervision was provided by a licensed behavioral health professional with a specialty or expertise in a clinical competency essential to the applicant’s training. The applicant must provide the Board a compelling clinical reason fur utilizing a non-LMFT supervisor. Examples of potentially acceptable licensed behavioral health professionals include licensed marriage and family therapists, psychologists, licensed clinical social workers, physicians, and advanced practice registered nurses.
8.0 [Reserved] Licensure for Associate Art Therapists (LAAT)
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.
10.1.24 Incest. 11 Del.C. §766.
10.1.52 Theft; felony. 11 Del.C. §841.
10.1.55 Extortion. 11 Del.C. §846.
10.1.58 Identity theft. 11 Del.C. §854.
10.1.59 Forgery. 11 Del.C. §861.
10.1.65 Bribery. 11 Del.C. §881.
10.1.66 Bribe receiving. 11 Del.C. §882.
10.1.93 Bribery. 11 Del.C. §1201
10.1.116 Riot. 11 Del.C. §1302.
10.1.117 Hate crimes. 11 Del.C. §1304.
10.1.119 Stalking. 11 Del.C. §1312A.
10.1.126 Adulteration. 11 Del.C. §1339.
10.1.131 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.
12.1 Renewal Date – All licenses shall be renewable biennially on September 30th of even-numbered years. License renewal is accomplished online at the Division of Professional Regulation’s website.
Last Updated: December 31 1969 19:00:00.
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