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Delaware Statutes, Title 24

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Delaware/Statutes

← All Delaware coverage

Title 24, Professions and Occupations

58 chapters · 1,381 sections in this title.

All chapters in Title 241,381 Ch 17, MEDICAL PRACTICE ACT135 Ch 25, Pharmacy61 Ch 51, COSMETOLOGY AND BARBERING AND LICENS…52 Ch 11, DENTISTRY AND DENTAL HYGIENE50 Ch 29, REAL ESTATE SERVICES, BROKERS, ASSOC…42 Ch 13, Private Investigators and Private Se…41 Ch 19, Nursing41 Ch 30, MENTAL HEALTH AND CHEMICAL DEPENDENC…41 Ch 40, REAL ESTATE APPRAISERS39 Ch 16, ADULT ENTERTAINMENT ESTABLISHMENTS34 Ch 28, Professional Engineers33 Ch 18, BOARD OF PLUMBING, HEATING, VENTILAT…30 Ch 14, BOARD OF ELECTRICAL EXAMINERS26 Ch 33, VETERINARIANS26

41 sections·Filtered byTitle 24✕Ch 30✕

24 Del. C. § 3001. Objectives.
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§ 3001. Objectives. (a) The primary objective of the Board of Mental Health and Chemical Dependency Professionals, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regu…
24 Del. C. § 3002. Definitions.
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§ 3002. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (1) “Board” means the Board of Mental Health and Chemical Dependenc…
24 Del. C. § 3003. Board of Mental Health and Chemical Dependency Professionals; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 80 Del. Laws, c. 261, § 2].
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§ 3003. Board of Mental Health and Chemical Dependency Professionals; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 80 Del. Laws, c. 261, § 2]. (a) There is created a Boar…
24 Del. C. § 3004. Organization; meetings; officers; quorum.

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§ 3004. Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or at the request of a majority of the Board members. (b) The Boa…

24 Del. C. § 3005. Records.

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§ 3005. Records. The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings and such other matte…

24 Del. C. § 3006. Powers and duties.

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§ 3006. Powers and duties. (a) The Board shall have the power to: (1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of Title 29. (2) Designate an application form to be used by all app…

24 Del. C. § 3007. Fees.

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§ 3007. Fees. The amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a…

24 Del. C. § 3008. Issuance and renewal of licenses.

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§ 3008. Issuance and renewal of licenses. (a) The Board shall issue a license to an applicant who meets the requirements of this chapter for licensure and who pays the fee established by the Board. (b) A license must be renewed biennially, in such manner as is determined by the D…

24 Del. C. § 3009. Grounds for discipline.

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§ 3009. Grounds for discipline. (a) A person licensed under this chapter is subject to the disciplinary sanctions set forth in § 3011 of this title if, after a hearing, the Board finds that the licensee has: (1) Employed or knowingly cooperated in a fraud or material deception in…

24 Del. C. § 3010. Complaints and investigations.

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§ 3010. Complaints and investigations. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29 and the Division shall be responsible for issuing a final written report at the conclusion of the investigation. (b) When it is deter…

24 Del. C. § 3011. Disciplinary sanctions.

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§ 3011. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a condition or violation for discipline of a licensee regulated by this chapter has been established under § 3009 of this title: (1) Issue a lette…

24 Del. C. § 3012. Hearing procedures.

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§ 3012. Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging a violation of § 3009 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing sha…

24 Del. C. § 3013. Reinstatement of a suspended license; removal from probationary status.

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§ 3013. Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has tak…

24 Del. C. § 3014. Issuance of replacement license [Repealed].

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§ 3014. Issuance of replacement license [Repealed].72 Del. Laws, c. 267, § 1; 75 Del. Laws, c. 83, § 1; repealed by 82 Del. Laws, c. 8, § 12, effective Apr. 9, 2019.;

24 Del. C. § 3015. License required.

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§ 3015. License required. No person shall hold himself or herself out to the public as a licensed mental health or chemical dependency professional unless the person is licensed in accordance with this chapter. It shall be unlawful for a person who is not licensed under this chap…

24 Del. C. § 3016. Penalty.

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§ 3016. Penalty. (a) A person not currently licensed under this chapter who uses, in connection with that person’s name or business, or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is licensed under this chapter,…

24 Del. C. § 3017. Privileged communications.

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§ 3017. Privileged communications. Communications between a mental health or chemical dependency professional licensed under this chapter and a client of the professional shall be considered confidential to the same extent as provided by Rule 503 of the Delaware Rules of Evidence…

24 Del. C. § 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice.

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§ 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice. (a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licen…

24 Del. C. § 3019. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensee.

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§ 3019. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensee. (a) (1) An individual licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the foll…

24 Del. C. § 3020. Appointment of a custodian of client records.

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§ 3020. Appointment of a custodian of client records. (a) If the Board receives a formal or informal complaint concerning access to client records as a result of a licensee’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a licensee’s pract…

24 Del. C. § 3030. License required.

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§ 3030. License required. No person shall hold himself or herself out to the public as a licensed professional counselor of mental health or licensed associate counselor of mental health unless the person is licensed in accordance with this chapter. It shall be unlawful for a per…

24 Del. C. § 3031. Definitions.

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§ 3031. Definitions. As used in this subchapter: (1) “Licensed associate counselor of mental health” (“LACMH”) is an individual licensed as an associate counselor of mental health under this chapter who is obtaining experience under the professional direct supervision of a licens…

24 Del. C. § 3032. Qualifications of applicant.

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§ 3032. Qualifications of applicant. (a) An applicant who is applying for licensure under this subchapter shall complete a Board approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the applicant: (1) Has receiv…

24 Del. C. § 3033. Qualifications of applicant for licensed associate counselor of mental health.

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§ 3033. Qualifications of applicant for licensed associate counselor of mental health. (a) An applicant who is applying for licensure as an associate counselor of mental health under this chapter shall complete an application form, submit the required fee, and furnish evidence, v…

24 Del. C. § 3034. Reciprocity.

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§ 3034. Reciprocity. (a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who is certified by the National Board for Certified Counselors or other national …

24 Del. C. § 3040. License required.

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§ 3040. License required. No person shall hold himself or herself out to the public as a licensed chemical dependency professional unless the person is licensed in accordance with this chapter. It shall be unlawful for a person who is not licensed under this chapter, or the perso…

24 Del. C. § 3041. Definitions.

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§ 3041. Definitions. As used in this subchapter: (1) “Chemical dependency professional” is a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting…

24 Del. C. § 3042. License requirements; professional designation.

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§ 3042. License requirements; professional designation. (a) No person shall hold himself or herself out to the public as a licensed chemical dependency professional or present, call or represent himself or herself as a licensed chemical dependency professional unless licensed und…

24 Del. C. § 3043. Applicability of subchapter.

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§ 3043. Applicability of subchapter. (a) Nothing in this subchapter shall be construed to prevent a person from engaging in or offering any addiction services such as self-help, sponsorship through Alcoholics Anonymous, Narcotics Anonymous or other uncompensated addictions servic…

24 Del. C. § 3044. Qualifications of applicant.

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§ 3044. Qualifications of applicant. (a) Applicants for chemical dependency professional license by certification under this chapter shall complete an application form, pay the required fee and provide evidence, verified by oath and satisfactory to the Board, that the applicant m…

24 Del. C. § 3045. Reciprocity.

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§ 3045. Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another State, t…

24 Del. C. § 3050. License required.

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§ 3050. License required. No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any person…

24 Del. C. § 3051. Definitions.

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§ 3051. Definitions. (a) [Repealed.] (b) “Licensed associate marriage and family therapist” (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under professional direct supervision for the purpose of beco…

24 Del. C. § 3052. Qualifications of applicant.

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§ 3052. Qualifications of applicant. (a) An applicant who is applying for licensure under this subchapter shall complete a board-approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the applicant: (1) Has comple…

24 Del. C. § 3053. Qualifications of applicant for licensed associate marriage and family therapist.

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§ 3053. Qualifications of applicant for licensed associate marriage and family therapist. (a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay the required fee, and furnish e…

24 Del. C. § 3054. Reciprocity.

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§ 3054. Reciprocity. (a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, th…

24 Del. C. § 3060. Definitions.

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§ 3060. Definitions. As used in this subchapter: (1) “Art therapy” means a mental health discipline that integrates use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in, doing all of the following: a. Increasing aw…

24 Del. C. § 3061. License required.

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§ 3061. License required. An individual may not hold himself or herself out to the public as a licensed professional art therapist (LPAT) or licensed associate art therapist (LAAT) unless the individual is licensed in accordance with this subchapter. It is unlawful for any indivi…

24 Del. C. § 3062. Qualifications of licensed professional art therapist.

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§ 3062. Qualifications of licensed professional art therapist. An applicant who is applying for licensure under this subchapter shall complete a Board-approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the app…

24 Del. C. § 3063. Qualifications of applicant for licensed associate art therapists.

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§ 3063. Qualifications of applicant for licensed associate art therapists. (a) An applicant who is applying for licensure as an associate art therapist under this subchapter shall submit a completed application form, pay the required fee, and furnish evidence, verified by oath an…

24 Del. C. § 3064. Licensure by reciprocity and endorsement.

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§ 3064. Licensure by reciprocity and endorsement. (a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who presents proof of licensure as an art therapist i…