AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.
Sponsored By: Brian Pettyjohn (Republican)
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Bill Overview
Analyzed Economic Effects
17 provisions identified: 7 benefits, 0 costs, 10 mixed.
New licenses for master’s-level psychology providers
The law creates a licensed psychology associate role, with independent practice limited to the provider’s master’s-level training. Applicants need an approved psychology-related master’s degree with at least 60 graduate semester hours. They also need an approved internship, at least 2 years of supervised work after graduation, and a passing psychology licensing exam. Foreign degrees require equivalent training and a NACES-approved credential review. Associates may use general screening tools, but cannot perform specified specialty evaluations or claim to be licensed psychologists.
Psychology suspensions include hearings and return paths
Immediate-danger complaints can trigger emergency suspension through a written state order with required concurrence and at least 24 hours’ notice. Suspension generally lasts no more than 60 days unless the provider requests a continuance; expedited hearings require a request within 5 calendar days. After a hearing, the Board can reinstate suspended credentials or end probation when corrective actions and required conditions are complete. Providers must pay fees and supply documents; impairment-related returns require ability to perform essential duties, with reasonable accommodations if needed, without significant risk of substantial harm. Covered disciplinary decisions can be appealed to Superior Court within 30 days after service or the mailed decision’s postmark.
Out-of-state psychology providers gain licensing access
Out-of-state doctoral psychologists and licensed psychology associates can seek Delaware licenses after 2 years of continuous practice there. They must show current credentials, meet education or equivalent-training requirements, and earn the Board’s passing psychology exam score. Degrees from outside the United States or its territories require a NACES-approved credential review. The Board must obtain a certified disciplinary statement from the other licensing authority. Pending disciplinary proceedings or unresolved complaints must be resolved before Delaware issues a license or registration.
Psychology applicants face checks and waiver rules
Psychologist, psychology associate, and assistant applicants must pay for fingerprints and state and federal criminal-history checks. License applicants provide reports to the Board; assistant sponsors submit their applicants’ reports. The law removes a separate prelicensure provision, including its rule requiring completed reports before a license is issued. A conviction tied to psychology practice blocks licensure unless a waiver is granted. For initial applicants, the Board must waive that ground after reviewing statutory factors and finding no unreasonable public-safety risk; felony sexual offenses cannot receive waivers.
Psychology assistants get supervised work paths
Both assistant levels must register, get Board approval to use their titles, and perform only assigned functions under direct supervision. Doctoral assistants need applicable doctoral training, internships, continuing education, and conduct standards; their psychologist supervisor needs at least 2 years’ licensed practice. Assistants registered before July 17, 2010, who maintain registration do not need a doctoral degree. Master’s assistants need a qualifying degree and must pursue further licensing requirements; their psychologist or associate supervisor needs 3 years’ practice. Foreign degrees need NACES-approved review, and the Board sets supervision limits and can discipline supervisors for covered assistant violations.
Updated training rules for licensed psychologists
Psychologist applicants need an approved doctorate, a Board-compliant predoctoral internship, and at least 1 year of supervised work after graduation. Accepted programs have American Psychological Association or Psychological Clinical Science Accreditation System approval, or Board-approved equivalent training. Applicants must pass the psychology licensing exam; foreign degrees also require equivalent training and a NACES-approved credential review. Regulated practice includes testing, therapy, diagnosis, treatment planning, education, consultation, and assistant supervision, even without payment. Providers must use available research evidence and follow scientific methods.
Patients get notice when psychology care ends
Licensees must give at least 30 days’ notice before ending a patient relationship or closing without transferring records to another Delaware provider. Notice must give the service end date, record-access instructions, and area providers who may accept patients, using first-class mail and an enrolled electronic record system. When records leave a closing practice, the Board must receive access instructions. After a licensee dies without arranging record transfer, the estate representative must publish notice monthly during the next 3 months. Patients who have not requested records within 30 days after the first publication also receive electronic and mailed notice; the Board receives access instructions.
Record custodians help patients recover files
After investigating a record-access complaint, the Board can appoint a temporary or permanent records custodian. This covers access problems caused by incapacity, death, abandonment, or involuntary practice closure. Custodians must publish local newspaper notice at least monthly for 3 months after appointment. Patients who have not requested records within 30 days after the first publication must also receive mailed access instructions.
Existing psychology credentials keep protected status
Assistants registered before the law’s implementation date count as doctoral-level psychological assistants. The Board must approve use of that title. People licensed as psychologists before June 12, 1995, remain qualified as psychologists. Assistants registered before that date remain qualified as doctoral-level assistants.
Psychology licensees must report provider risks
Psychology licensees must report reasonably suspected disciplinary conduct or unsafe practice by another licensee or health-care provider. Written reports go to the Division of Professional Regulation within 30 days after learning the information. Good-faith reporters are protected from civil or criminal recourse unless they acted with gross or wanton negligence. The complainant must show that negligence.
Psychology misconduct triggers broader discipline
Discipline rules cover psychologists, licensed psychology associates, and both assistant levels. Grounds include fraud, related crimes, ethics violations, reporting failures, out-of-state discipline, conversion-therapy conduct, and substance-related impairment. After a hearing and violation finding, the Board can impose probation, suspension, revocation, or fines up to $500 per violation. It must permanently revoke a license or registration for a felony sexual offense conviction.
Temporary psychology providers cannot offer conversion therapy
Psychology providers using Delaware’s temporary-practice rule cannot provide conversion therapy to children. They also cannot refer children to another jurisdiction for that therapy. The temporary-practice route allows eligible out-of-state doctorate holders up to 6 days of services per calendar year.
Unauthorized psychology practice carries criminal penalties
Psychologists and psychology associates cannot practice with expired, suspended, or revoked licenses. Practicing or using protected psychology titles without the required Delaware license or registration is a misdemeanor. A first offense carries a $500–$1,000 fine and possible imprisonment of up to 1 year. Each later offense carries a $1,000–$2,000 fine.
Other professionals cannot claim psychology credentials
Qualified members of other professions can provide services allowed by their training, ethics, and Delaware law. They cannot use titles or descriptions implying a psychology license or assistant registration they do not hold. Clergy can provide covered ministerial services without a separate charge, or work under a recognized religious body’s sponsorship and authority. They also cannot present themselves as psychology professionals.
Patients gain record access with charge limits
Patients can obtain record copies within 45 days after the record closes or a complete record is assembled, sooner if medically necessary. Allowed charges cover scheduled copying expenses, actual postage or shipping, and full reproduction costs for specified special records. The Board reviews the copying schedule annually; specified closure, death-notice, and disability-benefit application requests have no copy charge. Records may be confidentially destroyed after the applicable 7-year period tied to closure, last entry, or death, without liability for resulting loss. Violations can bring professional discipline, and affected patients or representatives can sue for damages or a court order.
Psychology providers pay fees and renew biennially
Qualified associates receive licenses, and qualified assistants receive registrations, after meeting requirements and paying applicable fees. Licensees and registrants must renew every 2 years, pay a fee, submit a form, and prove required continuing education. Fees must reasonably reflect allowed Board costs and the agency’s share of related expenses. Each service needs a separate fee, and the application fee cannot be combined with another fee. The law does not set fee amounts.
Psychology board public seats exclude professional ties
Public members of the psychology Board cannot currently or previously have held any covered psychology professional role. They also cannot have immediate family, past employment, or material goods-or-services business ties to those professionals. These limits govern who can fill the Board’s public seats.
Sponsors & Cosponsors
Sponsor
Brian Pettyjohn
Republican • Senate
Cosponsors
Alonna Berry
Democratic • House
Eric Buckson
Republican • Senate
Frank Burns
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Timothy D. Dukes
Republican • House
Kyra L. Hoffner
Democratic • Senate
Valerie Jones Giltner
Republican • House
Kimberly Williams
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Michael F. Smith
Republican • House
Eric Morrison
Democratic • House
Josue O Ortega
Democratic • House
Edward S. Osienski
Democratic • House
Marie Pinkney
Democratic • Senate
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
SS 1 for SB 208 - Signed by Governor
6/24/2026GovernorSS 1 for SB 208 - Passed By House. Votes: 37 YES 1 NO 3 ABSENT
6/16/2026HouseSS 1 for SB 208 - Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 1 Favorable, 2 On Its Merits
5/19/2026HouseSS 1 for SB 208 - Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
4/9/2026HouseSS 1 for SB 208 - Passed By Senate. Votes: 20 YES 1 ABSENT
3/26/2026SenateSubstituted in Senate by SS 1 for SB 208
3/24/2026SenateReported Out of Committee (Legislative Oversight & Sunset) in Senate with 2 Favorable, 3 On Its Merits
1/14/2026SenateIntroduced and Assigned to Legislative Oversight & Sunset Committee in Senate
12/18/2025Senate
Bill Text
Current
12/18/2025
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