24 DE Code § 3708. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 37. Speech/language Pathologists, Audiologists, and Hearing Aid Dispensers|Subchapter II. License|§ 3708. Qualifications of applicant; report to Attorney General; judicial review.

§ 3708. Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:  (1) For licensure as a speech/language pathologist, has met the national requirements for certification of clinical competence issued by the American Speech/Language and Hearing Association (ASHA). The requirements include:  a. Possession of a master's degree or its equivalent from an accredited college or university in accordance with the Board's rules and regulations. b. A supervised clinical practicum in accordance with the Board's rules and regulations. c. Completion of 9-months' full-time or 18-months' part-time supervised clinical fellowship year, begun after fulfilling academic and clinical practicum requirements. d. Successful completion of a national examination in the area of applicant's specialty prepared by a national testing service and approved by the Division. (2) For licensure as an audiologist, has met the national requirements for certification of clinical competence issued by the American Speech/Language Hearing Association, or has been issued board certification from the American Board of Audiology, or its successors. The requirements include:  a. Possession of a doctoral degree in audiology from an accredited college or university. b. Successful completion of a national examination in the area of the applicant's specialty prepared by a national testing service approved by the Division. c. Audiologists licensed prior to July 10, 2009, shall be exempted from the educational requirement set forth in paragraph (a)(2)a. of this section. (3) For licensure as a hearing aid dispenser, shall submit evidence, verified by oath and satisfactory to the Board, that such person has met the current standards promulgated by the National Institute for Hearing Instrument Studies or its successor; in addition, the applicant shall:  a. Provide verification of a high school diploma or its equivalent. b. Provide proof of successful completion of a national examination prepared by a national testing service and approved by the Division. c. An applicant shall complete 6 months of training prior to taking the examination. The Board in its rules and regulations shall establish the frequency of direct supervision during the training period. d. [Repealed.] e. Paragraphs (a)(3)a. and c. of this section do not apply to applicants who are licensed audiologists. (b) All applicants shall meet the following conditions:  (1) Shall not have been the recipient of any administrative penalties regarding their practice of speech/language pathology, audiology or dispensing of hearing aids, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant's professional conduct and practice, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure. (2) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake that applicant's practice in a manner consistent with the safety of the public. (3) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense the circumstances of which substantially relate to their licensed practice. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to the applicant's area of practice. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (b)(3), if it finds all of the following:  a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. c. The applicant is capable of practicing speech/language pathology, audiology or the dispensing of hearing aids in a competent and professional manner. d. The granting of the waiver will not endanger the public health, safety or welfare. (4) Shall not have been convicted of a felony sexual offense. (5) Shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:  a. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person. b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers shall be the screening point for the receipt of said federal criminal history records. c. An applicant may not be licensed as a speech/language pathologist, audiologist or hearing aid dispenser until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be licensed by the Board unless a waiver is granted pursuant to paragraph (b)(3) of this section. (c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. (d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for that person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. (e) All individuals licensed to practice speech/language pathology, audiology or hearing aid dispensing in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check. 24 Del. C. 1953, §  3605;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  6;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  82;  75 Del. Laws, c. 359, §§  1, 2;  75 Del. Laws, c. 436, §  42;  77 Del. Laws, c. 154, §§  3-11;  77 Del. Laws, c. 199, §  31;  78 Del. Laws, c. 44, §§  60, 61;  79 Del. Laws, c. 277, §  12;  82 Del. Laws, c. 9, § 2;  83 Del. Laws, c. 37, § 26;