DelawareSS 1 for SB 208153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PSYCHOLOGY PROFESSIONALS.

Sponsored By: Brian Pettyjohn (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 3 benefits, 1 costs, 9 mixed.

Psychology associates gain limited independent practice

Licensed psychology associates can practice independently within their master's-level training, including using screening tools and brief assessments. Applicants need an approved master's degree, an internship, and at least 2 years of supervised work after the degree. They must pass the Examination for Professional Practice in Psychology and meet disciplinary-history standards. Foreign degrees require evaluation by a service approved by the National Association of Credential Evaluation Services. Associates cannot perform comprehensive doctoral-level specialty testing, including neuropsychological, forensic, medical-capacity, child-custody, parental-fitness, or public-safety employment evaluations. They also cannot make the listed final personality or performance determinations or claim to be psychologists, neuropsychologists, or forensic psychologists.

Psychology providers face emergency suspension safeguards

The Board can temporarily suspend a psychology credential when a complaint shows a clear and immediate public danger. The provider receives at least 24 hours' notice, and suspension generally lasts no more than 60 days. An expedited hearing must be scheduled when requested within 5 calendar days of notification. A provider-requested continuance can extend suspension beyond 60 days until the hearing and decision. After a hearing, the Board can restore a suspended credential or end probation following required corrective actions. For inability-to-practice suspensions, the provider must be able to perform essential duties, with or without reasonable accommodations, without significant risk of substantial harm. Reinstatement requires applicable fees and documents, and the Board can require proof of continuing education.

Psychology patients get care-ending notices

Licensees must give patients at least 30 days' notice before ending their care. That notice also applies when a practice closes without transferring records to another Delaware provider. Notices must explain record access, list local providers who may accept patients, and give the service-ending date. They go by first-class mail and through the electronic record system for enrolled patients. When a licensee dies without arranging record transfer, the estate representative must publish newspaper notices monthly for 3 months. Patients who have not requested records within 30 days after the first publication must also receive individual mail notice. After a complaint and investigation, the Board can appoint a record custodian for death, incapacity, abandonment, or involuntary closure. Custodians follow the same publication and mailing schedule; closing licensees and estate representatives must tell the Board how patients can obtain records.

Clearer standards for psychology services

Delaware defines psychology practice to include testing, assessment, therapy, diagnosis, consultation, and supervision. These services must use scientific psychological knowledge and methods, with evidence-based literature where available. The definition covers services for individuals, families, and groups, even when no payment is received.

Stronger safety rules for psychology patients

The Board can discipline covered licensees and registrants after a hearing for crimes related to practice and other misconduct. Grounds include fraud, ethical violations, unsafe practice, conversion therapy with minors, and failure to report child abuse or neglect. Impairment rules cover psychologists, associates, and both assistant categories when unprescribed drug use or alcohol abuse impairs their work. Sanctions include reprimand, probation, suspension, revocation, and civil administrative penalties up to $500 per violation. The Board must permanently revoke a credential for a felony sexual-offense conviction. Psychology licensees must report reasonably suspected misconduct or inability to practice safely by other covered health-care providers within 30 days. Good-faith reporting or testimony receives civil and criminal immunity unless gross or wanton negligence is involved.

Psychologist applicants face clear training requirements

Psychologist applicants need a doctorate from an appropriately accredited school and an approved professional psychology program. Accepted programs have American Psychological Association, Canadian Psychological Association, or Psychological Clinical Science Accreditation System approval, or Board-approved equivalent status. Applicants must complete a compliant predoctoral internship and at least 1 year of supervised work after the doctorate. They must pass the Examination for Professional Practice in Psychology and meet disciplinary-history standards, including rules on unresolved complaints. Degrees from outside the United States or its territories require evaluation by a National Association of Credential Evaluation Services-approved service.

Psychology patients get records with fee limits

Patients or new providers can request record transfers with the patient's written consent. The patient and licensee can agree to a free summary instead of the full record. Copying, postage, and other reproduction charges follow a Board payment schedule reviewed annually; advance payment may be required. Fee exceptions apply to specified practice-closure or death notices and disability-benefits applications. Requests generally must be filled within 45 days after record closure or assembly of a complete record. A faster response is required when medically necessary.

Psychology records have seven-year disposal rules

Licensees can confidentially destroy records 7 years after closing their Delaware business. After care ends or transfers, disposal is allowed 7 years after the last record entry. Estate representatives can destroy unclaimed records 7 years after the licensee's death. Board-appointed custodians can destroy unclaimed records 7 years after appointment. Proper disposal protects licensees, representatives, and custodians from liability for resulting losses. Violations can lead to professional discipline, and harmed patients or personal representatives can seek damages or a court order.

Existing psychology assistants keep recognized status

Doctoral-assistant registration accepts Canadian Psychological Association-accredited programs alongside American Psychological Association, clinical-science-accredited, and Board-approved equivalent programs. Foreign-program applicants must show equivalent training and obtain an approved credential evaluation. Assistants registered before July 17, 2010, keep their doctoral-degree exemption while maintaining registration. Assistants registered before implementation count as doctoral-level assistants, with title use subject to Board approval. People licensed as psychologists or registered as assistants before June 12, 1995, are recognized as fully qualified doctoral-level assistants. Implementation occurs at the earlier of 12 months after enactment or notice that final implementing rules have been adopted.

Experienced psychology associates gain interstate licensing

Psychology associates licensed or certified elsewhere can use Delaware's interstate licensing path after 2 years of continuous practice there. They must document current credentials, qualifying master's-level education, and a passing psychology licensing exam score. Foreign-program degrees require an approved credential evaluation. The Board must obtain a certified disciplinary statement from the other licensing authority. Pending disciplinary cases or unresolved complaints block Delaware licensure or registration until resolved.

Psychological assistants get supervised practice paths

Registered doctoral-level assistants work under psychologists; master's-level assistants work under psychologists or licensed psychology associates. Assistants can perform only the functions listed in their submitted statements. Master's-level applicants need an approved psychology degree and must be working toward further licensure requirements. They must follow a supervisor-signed plan, complete training and continuing education, and receive required face-to-face supervision. Master's-level assistants cannot practice independently or claim to be licensed psychologists or psychology associates. Supervisors need at least 2 years of practice for doctoral assistants and 3 years for master's assistants. The Board sets assistant limits and can discipline supervisors or remove supervision approval for an assistant's misconduct.

Psychology applicants pay for background checks

Psychologist, psychology associate, and both assistant-category applicants must pay for fingerprinting and state and federal criminal-history checks. A conviction substantially related to psychology practice blocks a credential unless a waiver is granted. For initial applicants, the Board must grant the applicable waiver after reviewing statutory factors and finding no unreasonable public-safety risk. A felony sexual-offense conviction cannot receive that waiver. The State Bureau of Identification can also send later criminal-history information to the Board.

Psychology credentials require fees and renewal

Qualified applicants receive their psychology license or registration after paying the required fees. The state calculates fees each calendar year to reasonably reflect Board costs and its share of regulatory expenses. Licenses and registrations require renewal every 2 years, including a form, fee, and proof of required continuing education. Licensees can request inactive status in writing. Returning to practice requires written notice to the Board and completion of required continuing education.

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
Daniel Cruce
Democratic • Senate
Timothy D. Dukes
Republican • House
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Valerie Jones Giltner
Republican • House
Kimberly Williams
Democratic • House
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
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
Nicole Poore
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 57 • No: 1

House vote • 6/16/2026

Passed (3/5 required)

Yes: 37 • No: 1

Senate vote • 3/26/2026