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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2015

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24 DE Admin. Code 3000
On December 1, 2014, the Delaware Board of Mental Health and Chemical Dependency Professionals published proposed changes to its regulations in the Delaware Register of Regulations, Volume 18, Issue 6. 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 28, 2015 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.
SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED
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.
FINDINGS OF FACT AND CONCLUSIONS
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.
DECISION AND EFFECTIVE DA TE
SO ORDERED this 25th day of March 2015.
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), as a LACMH 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.
2.4.32 Return to Active Status – Before the end of the then current two-year licensure period, a license shall be returned to active status upon fulfillment of the following requirements by the licensee:
2.4.32.1 Written Request – Submit a written request to have the license returned to active status.
2.4.32.2 Certification – Provide proof of certification in good standing by NBCC, ACMHC, or another certifying organization acceptable to the Board pursuant to regulation 2.1.1.1.
2.4.32.3 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.
2.4.32.4 Fee – Pay the licensure renewal fee. No late fee shall be assessed for return to active status.
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.
5.1.2.1.4 100 hours of face-to-face clinical supervision with the applicant's supervisor. Face to face supervision includes both in person and live video conferencing so long as supervision by live video conferencing does not exceed fifty percent (50%) of the total 100 hours of supervision.
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.
6.2.2.1 Three (3) credit hours in each of the 10 core content areas for a total of 30 credit hours. The 10 core content areas are: Applicants who do not graduate from a COAMFTE Accredited MFT program should have coursework that matches the following coursework, content, and credit hours.
6.2.2.1.1 Marriage and Family Therapy Models and Theories Foundations of Relational/Systemic Practice, Theories & Models (Minimum of 6 semester credits/8 quarter credits/90 clock hours) These courses facilitate students developing competencies in the foundations and critical epistemological issues of MFTs. It includes the historical development of the relational/systemic perspective and contemporary conceptual foundations of MFTs, and early and contemporary models of MFT, including evidence-based practice and the biopsychosocial perspective.
6.2.2.1.2 Diagnosis and Treatment of Mental and Emotional Disorder Systemic/Relational Assessment & Mental Health Diagnosis and Treatment (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in traditional psycho-diagnostic categories, psychopharmacology, the assessment, diagnosis, and treatment of major mental health issues as well as a wide variety of common presenting problems including addiction, suicide, trauma, abuse, intra-familial violence, and therapy for individuals, couples, and families managing acute chronic medical conditions, utilizing a relational/systemic philosophy.
6.2.2.1.3 Psychopathology Biopsychosocial Health & Development Across the Life Span (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course addresses individual and family development, human sexuality, and biopsychosocial health across the lifespan.
6.2.2.1.4 Gender, Culture, and Ethnic Diversity in marriage and family therapy Diverse, Multicultural and/or Underserved Communities (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in understanding and applying knowledge of diversity, power, privilege and oppression as these relate to race, age, gender, ethnicity, sexual orientation, gender identity, socioeconomic status, disability, health status, religious, spiritual and/or beliefs, nation of origin or other relevant social categories throughout the curriculum. It includes practice with diverse, international, multicultural, marginalized, and/or underserved communities, including developing competencies in working with sexual and gender minorities and their families as well as anti-racist practices.
6.2.2.1.5 Sexual Issues In Marriage and Family Therapy Clinical Treatment with Individuals, Couples and Families (Minimum of 6 Credits/8 quarter credits/90 clock hours) These courses facilitates students developing competencies in treatment approaches specifically designed for use with a wide range of diverse individuals, couples, and families, including sex therapy, same-sex couples, working with young children, adolescents and elderly, interfaith couples, and includes a focus on evidence-based practice. Programs must include content on crisis intervention.
6.2.2.1.6 Family Therapy Theory & Techniques Professional Identity, Law, Ethics & Social Responsibility (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course addresses the development of a MFT Identity and socialization, and facilitates students developing competencies in ethics in MFT practice, including understanding and applying the AAMFT Code of Ethics and understanding legal responsibilities.
6.2.2.1.7 Couple Therapy Theory and Techniques Research & Evaluation (Minimum of 3 Credits/4 quarter credits/45 clock hours) This course facilitates students developing competencies in MFT research and evaluation methods, and in evidence-based practice, including becoming an informed consumer of couple, marriage, and family therapy research. If the program’s mission, goals, and outcomes include preparing students for doctoral degree programs, the program must include an increased emphasis on research.
6.2.2.1.8 Ethical, Legal and Professional Issues in marriage and family therapy Contemporary Issues (Must be covered in curriculum, but there is no minimum credit requirement). These courses facilitate students developing competencies in practice within defined contexts (e.g., healthcare settings, schools, military settings, private practice) and/or nontraditional MFT professional practice using therapeutic competencies congruent with the program’s mission, goals, and outcomes (e.g., community advocacy, psycho-educational groups). It also addresses developing competency in multidisciplinary collaboration.
6.2.2.1.9 Research Methods and Evaluation Community Intersections & Collaboration (Must be covered in curriculum, but there is no minimum credit requirement). These courses area facilitate students developing competencies in emerging and evolving contemporary challenges, problems, and/or recent developments at the interface of Couple or Marriage and Family Therapy knowledge and practice, and the broader local, regional, and global context. This includes such issues as immigration, technology, same-sex marriage, violence in schools, etc.
6.2.2.1.10 Clinical Supervised Experience in marriage and family therapy (minimum of 9 credit hours/12 quarter hours/105 clock hours)
9.1.4 If a hearing has been requested by the Deputy Attorney General, a copy of these Rules and Regulations shall be provided to the respondent upon request. The notice of hearing shall fully comply with 29 Del.C. Sec. 10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
9.1.7 If the respondent fails to appear at a disciplinary hearing after receiving the notice required by 29 Del.C. §10122 and 10131, the Board may proceed to hear and determine the validity of the charges against the respondent.
11.1.1 Menacing. 11 Del.C. §602(a).
11.1.2 Aggravated menacing. 11 Del.C. §602(b).
11.1.11 Terroristic threatening. 11 Del.C. §621(a) and (b).
11.1.15 Manslaughter. 11 Del.C. §632.
11.1.21 Abortion. 11 Del.C. §651.
11.1.22 Self abortion. 11 Del.C. §652.
11.1.27 Incest. 11 Del.C. §766.
11.1.36 Bestiality. 11 Del.C. §777.
11.1.57 Theft; felony. 11 Del.C. §841.
11.1.60 Extortion. 11 Del.C. §846.
11.1.64 Identity theft. 11 Del.C. §854.
11.1.65 Forgery. 11 Del.C. §861.
11.1.72 Bribery. 11 Del.C. §881.
11.1.73 Bribe receiving. 11 Del.C. §882.
11.1.92 Bigamy. 11 Del.C. §1001.
11.1.105 Bribery. 11 Del.C. §1201
11.1.131 Riot. 11 Del.C. §1302.
11.1.132 Hate crimes. 11 Del.C. §1304.
11.1.134 Stalking. 11 Del.C. §1312A.
11.1.143 Adulteration. 11 Del.C. §1339.
11.1.148 Obscenity. 11 Del.C. §1361.
Last Updated: December 31 1969 19:00:00.
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