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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2013

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24 DE. Admin. Code 3000
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.
2.1.3 Professional Counseling Experience means the accumulation of hours spent providing face to face professional mental health clinical counseling services with clients and other matters directly related to the treatment of clients, in an setting that is clearly designated to provide professional mental health clinical counseling services and is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPPA HIPAA). Educational or guidance counseling is not considered clinical mental health counseling. However, professional counseling experience done under the auspicious auspices of a mental health organization providing contracting services to a school or school system may be acceptable to the Board.
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 may be is accomplished online at the Division of Professional Regulation’s (Division) website. Alternatively, licensees may submit paper renewal documents. Requests for paper renewal forms must be directed to the Division.
2.3.2.2.1 Requirement - The candidate for renewal shall have completed no less than 40 clock hours of acceptable CE per two (2) year licensure renewal period. CE requirements for initial licensure periods of less than two (2) years shall be prorated. 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.
2.3.2.2.23 Acceptable CE shall include the following:
2.3.2.2.23.1 CE hours approved by a national mental health organization (such as NBCC, ACMHC, or APA), shall be acceptable. Other training programs may apply for Board approval. CE should be oriented towards enhancement of the knowledge and practice of counseling. Hours are to be documented by a certificate signed by the presenter or by a designated official of the sponsoring organization. or substance abuse treatment organization or their local affiliates, such as the National Board for Certified Counselors, Inc. (NBCC), the Academy of Clinical Mental Health Counselors (ACMHC), 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.
2.3.2.2.23.2 Academic course work, presentation of original papers providing training and clinical supervision may be applied for up to 20 clock hours of the continuing education requirement. These hours are to be documented by an official transcript, syllabus, or a copy of the published paper presented. Under no circumstances may there be less than 20 hours of face-to-face participation in CE as outlined above. 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.
2.3.2.2.34 Make-Up of Disallowed Hours - In the event that the board disallows certain CE continuing education clock hours, the candidate for renewal licensee shall have three (3) months after the licensure renewal date the date of the Board’s notice that the hours have been disallowed to complete the balance of acceptable CE hours required.
2.3.2.4 Verification of CE hours shall be by attestation. Attestation shall be completed electronically if the renewal is accomplished online. Alternatively, the attestation of completion may be submitted by paper renewal forms. Requests for paper renewal forms must be directed to the Division.
2.4.1 A written request must be submitted to have a license placed on inactive status. Inactive status is effective immediately upon Board approval. The inactive status may continue through the then current licensure period and the following two-year licensure period for five years from the date of Board approval. An inactive license shall expire terminate at the end of the two-year licensure five-year period unless either (1) the Board grants an extension before the end of the licensure period or (2) the license is returned to active status before the end of the licensure five-year period.
4.1.2 Experience. Counseling experience shall be defined as the accumulation of 3,200 hours spent in no less than two years, providing chemical dependency services in a professional clinical setting, including face-to-face interaction with clients and other matters directly related to the treatment of clients. Supervision shall be verified by the "Supervision Reference Form," which shall be submitted directly to the Board by the approved clinical supervisor.
4.1.1.3.1.1 The organization shall be a national professional chemical dependency organization recognized as setting national standards of clinical competency;
4.1.1.3.1.2 The organization shall require the applicant to take and pass a standardized examination designed to test his understanding of the principles involved in the chemical dependency specialty for which he is being certified; and
4.1.1.3.1.3 The organization shall prescribe a code of ethics substantially equivalent to NAADAC’s.
4.3.1 Renewal Date. The LCDP shall be renewable biennially on or before September 30th of even-numbered years. License renewal may be is accomplished online at the Division of Professional Regulation’s (Division) website. Alternatively, licensees may submit paper renewal documents. Requests for paper renewal forms must be directed to the Division.
4.3.2.2 Continuing Education (CE) Requirements. Licensees must complete at least 40 acceptable CE hours during the previous licensure period in order to renew their license. LCDP CE hours approved by a chemical dependency organization, including but not limited to DCB Inc. and NAADAC, shall be acceptable. Other training programs may apply for Board approval. Acceptable CE’s are oriented towards enhancement, knowledge, and practice of chemical dependency counseling. CE requirements for initial licensure periods of less than two (2) years shall be prorated.
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:
4.3.2.2.14 Verification. Verification of CE hours shall be by attestation. Attestation shall be completed electronically if the renewal is accomplished online. Alternatively, the attestation of completion may be submitted by paper renewal forms. Requests for paper renewal forms must be directed to the Division.
4.3.2.2.25 Hardship. The Board shall have the authority to make exceptions to the CE requirements, in its discretion, upon a showing of good cause. “Good Cause” may include, but is not limited to: disability, illness, military service, extended absence from the jurisdiction, or exceptional family responsibilities. Requests for hardship consideration must be submitted to the Board in writing prior to the end of the licensing period, along with payment of the appropriate renewal fee. A license shall be renewed upon approval of the hardship extension by the Board, but the license shall be subject to revocation if the licensee does not comply with the Board’s terms for the hardship exception.
4.4.1 A written request must be submitted to have a license placed on inactive status. Inactive status is effective immediately upon Board approval. The inactive status may continue through the then current licensure period and the following two-year licensure period for five years from the date of Board approval. An inactive license shall expire terminate at the end of the two-year licensure five-year period unless either (1) the Board grants an extension before the end of the licensure period or (2) the license is returned to active status before the end of the licensure five-year period.
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 may be is accomplished online at the Division of Professional Regulation's (Division) website. Alternatively, licensees may submit paper renewal documents. Requests for paper renewal forms must be directed to the Division.
5.3.2.1 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.
5.3.2.3.2 Any course activity that would achieve the purpose of the CE requirement, explained in regulation section 5.3.2.1 above, is acceptable and does not require Board review and approval. Examples include, but are not limited to, interactive courses, workshops, seminars and webinars.
5.3.2.3.2.1 Courses that do not clearly achieve the purpose of CE require Board approval. Licensees should request Board approval in advance of attendance. Requests for approval may be submitted afterward, but there is no guarantee of approval. These hours must be documented by a course agenda, syllabus, or other brief documentation that would allow the Board to assess the appropriateness of the course content. Only licensees may request course approvals. Sponsoring organizations may not request course approvals.
5.3.2.3.4 CE obtained through independent or home study, including online CE, 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.
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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