reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2935. Duty to cooperate.

§ 2935. Duty to cooperate.
(a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer's or client's best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise compensate another licensee.
(b) In order to cooperate, licensees shall be reasonably available when requested by their customer or client to:
(1) Accept delivery of and present to the customer or client offers and counteroffers to buy, sell, or lease the customer's or client's property, or the property the customer or client seeks to purchase or lease;
(2) Assist the customer or client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to offers and counteroffers until the agreement of sale or lease is signed and all contingencies are satisfied or waived; and
(3) Answer the customer's or client's questions relating to the offers, counteroffers, notices, negotiations, and contingencies; and
(4) Hold the escrow deposit.
(c) In order to cooperate, licensees shall be reasonably available when requested by a cooperating licensee to undertake the activities described in subsection (b) of this section, but only after disclosing the request to their customer or client and receiving written authorization to undertake the requested activity. If the customer or client fails to authorize the licensee to undertake the requested activity, the licensee shall not undertake such activity. If the broker's or brokerage organization's business model includes offering all of the services explained in the CIS, rather than having separate charges for distinct real estate services, the CIS is sufficient disclosure or written authorization to undertake the activities described in subsection (b) of this section.
75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  9;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2937. Vicarious liability; protections when working with a statutory agent.

§ 2937. Vicarious liability; protections when working with a statutory agent.
(a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful act, error, omission, or misrepresentation.
(b) A licensee shall not be liable for a wrongful act, error, omission, or misrepresentation of the customer or client except to the extent the licensee had actual knowledge of the wrongful act, error, omission, or misrepresentation.
(c) Nothing in this section shall be construed to diminish or limit any of the other duties or responsibilities of the licensee under this chapter, or the rules promulgated hereunder.
(d) This chapter does not otherwise limit the liability of a broker, for an act, error, or omission of a licensee in the brokerage organization. Notwithstanding any other provision of this chapter, the employer of the licensee is vicariously liable as the employer would be under the doctrine of respondeat superior whether the licensee is employed by the broker or brokerage organization as an employee or as an independent contractor.
(e) This section does not apply if the licensee or brokerage organization is hired as a common law agent.
75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  8;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2939. Limitations on local business licensing requirements, fees and taxes.

§ 2939. Limitations on local business licensing requirements, fees and taxes.
(a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage organizations, or real estate salespersons for any of the following activities in that jurisdiction:
(1) Listing real estate for sale.
(2) Representing buyers in the purchase of real estate.
(3) Rental of real estate for property owners or tenants unless the property is in a city with a population over 50,000.
(b) This section does not prohibit a jurisdiction from charging a real estate broker, associate broker, brokerage organization, or real estate salesperson with a physical office in that jurisdiction for a business license, fees, or taxes on the same basis as other businesses with offices in that jurisdiction.
(c) This section does not prohibit a jurisdiction from charging a wage tax under that jurisdictions' ordinances on the same basis as other wages earned in that jurisdiction.
82 Del. Laws, c. 159, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3001. Objectives.

§ 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 regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
(b) The secondary objectives of the Board are to maintain minimum standards of licensee competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Board shall develop standards assuring professional competence; monitor complaints brought against licensees regulated by the Board; adjudicate at formal hearings; promulgate rules and regulations; and impose sanctions where necessary.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 355, §  2;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3002. Definitions.

§ 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 Dependency Professionals.
(2) “Conversion therapy” means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following:
a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.
b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual's sexual orientation or gender identity.
c. Counseling that facilitates an individual's coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual's sexual orientation or gender identity.
(3) “Division” means the Division of Professional Regulation of the State of Delaware.
(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a licensee's ability to perform the work of a licensed mental health or chemical dependency professional.
(5) “Person” means a corporation, company, association and partnership, as well as an individual.
(6) “Store and forward transfer” means the transmission of a patient's medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time.
(7) “Substantially related” means the nature of the criminal conduct, for which a person was convicted, has a direct bearing on the fitness or ability of the person to perform 1 or more of the duties or responsibilities of a licensed mental health, chemical dependency, marriage and family therapy, or art therapy professional.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 262, §  59;  74 Del. Laws, c. 355, §§  3, 4;  75 Del. Laws, c. 83, §  1;  80 Del. Laws, c. 80, §  14;  81 Del. Laws, c. 340, § 6;  82 Del. Laws, c. 261, §§  12, 16;  83 Del. Laws, c. 52, § 15;  83 Del. Laws, c. 433, § 20;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3004. Organization; meetings; officers; quorum.

§ 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 Board annually shall elect a president, vice-president and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. The office of president must rotate among the professions regulated and the public members.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business and no action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of a majority of the members of the Board, at least 1 of whom must be of the same profession as the individual being disciplined.
(d) Minutes of all meetings shall be recorded and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
66 Del. Laws, c. 128, §  1;  67 Del. Laws, c. 366, §  13;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 355, §  8;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3005. Records.

§ 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 matters as the Board shall determine. Such records are prima facie evidence of the proceedings of the Board.
72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3006. Powers and duties.

§ 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 applicants and process all applications.
(3) Evaluate the credentials of all applicants in order to determine whether the applicants meet the qualifications for licensing set forth in this chapter.
(4) Grant licenses to and renew licenses of applicants who meet the qualifications for licensure.
(5) Establish by rule and regulation continuing education standards required for license renewal.
(6) Evaluate certified records to determine whether an applicant for license who previously has been licensed, certified or registered in another jurisdiction has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such acts or offenses.
(7) Refer all complaints from licensees and the public concerning persons licensed under this chapter, or concerning practices of the Board or of a profession regulated by the Board, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(8) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(9) Where it has been determined after a hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
(10) Adopt a code of ethics for each profession licensed by the Board, which code may be a code of ethics adopted by a national organization which certifies members of the profession.
(11) Appoint 1 or more credentialed art therapists to advise and assist the Board in adopting rules and regulations setting qualifications and procedures for licensing professional art therapists, evaluating credentials of applicants, adopting a code of ethics for the practice of art therapy, setting continuing education standards required for license renewal, and providing such other assistance as determined by the Board.
(b) The Board shall, by regulation, identify crimes which are substantially related to the practice of a mental health or chemical dependency professional.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 262, §  60;  74 Del. Laws, c. 355, §§  9-11;  75 Del. Laws, c. 83, §  1;  81 Del. Laws, c. 165, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3007. Fees.

§ 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 separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure period, the Division, or another state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the period.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3008. Issuance and renewal of licenses.

§ 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 Division and upon payment of a renewal fee, submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board. In addition each licensee shall submit proof of membership in good standing as of the date of licensure in a national certifying organization acceptable to the Board.
(c) A licensee who fails to renew a license on or before the renewal date shall be granted 1 year to renew the license. The Division shall set a fee for late renewal. An individual who fails to renew a license before the expiration of the 1-year period must reapply as a new applicant, pay a fee set by the Division, and submit proof of fulfillment of continuing education requirements and proof of membership in a national certifying organization acceptable to the Board.
(d) A person licensed pursuant to this chapter, upon written request, may be placed on an inactive register. Provisions for resuming active status shall be established by the Board.
(e) It is the responsibility of a licensee to keep the Division informed of a change of address. Renewal applications will be sent to the last address on file with the Division.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3010. Complaints and investigations.

§ 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 determined that an individual who is not licensed under this chapter is representing himself or herself as being so licensed, or is holding himself or herself out to the public as being licensed under this chapter, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3011. Disciplinary sanctions.

§ 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 letter of reprimand.
(2) Censure a licensee.
(3) Place a licensee on probationary status and require the licensee to:
a. Report regularly to the Board upon the matters which are the basis of the probation; or
b. Limit all professional activities to those areas prescribed by the Board.
(4) Suspend a licensee's license.
(5) Revoke a licensee's license.
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measure as are authorized under this chapter.
(d) The Board shall permanently revoke the license of any person who the Board determines has violated § 3009(a)(8) of this title.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;  78 Del. Laws, c. 31, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3012. Hearing procedures.

§ 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 shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal, without use of rules of evidence. If the Board finds, by a majority vote of all Board members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for the decision. The decision shall be mailed immediately to the licensee.
(c) A licensee may appeal the Board's decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to the licensee. The appeal shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. A stay may be granted in accordance with that act.
(d) All decisions of the Board regarding suspension or revocation of a license shall be made public by the Division in a news release to major media outlets in this State. The release may include any information deemed public under the Delaware Freedom of Information Act, Chapter 100 of Title 29, and shall include a telephone contact number for the Division for further information.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3013. Reinstatement of a suspended license; removal from probationary status.

§ 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 taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or probation.
(b) Applicants for reinstatement must pay the fees established by the Board and must submit evidence as required by the Board that all conditions of a suspension and/or probation have been met. Proof that the applicant has met any continuing education requirements of this chapter is also required.
72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3015. License required.

§ 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 chapter, or the person's employer, employees, agents or representatives, to use, in connection with the person's name or business, any words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3016. Penalty.

§ 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, is guilty of a misdemeanor.
(b) For the first offense, the court may impose a fine of not less than $500 nor more than $1,000. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense.
(c) Justice of the Peace Courts shall have jurisdiction over violations of this chapter.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3017. Privileged communications.

§ 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.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective until Dec. 30, 2023].

§ 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective until Dec. 30, 2023].
(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 licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider's licensing statute.
(b) 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 licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.
(c) 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 any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
78 Del. Laws, c. 31, §  12;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective Dec. 30, 2023].

§ 3018. Duty to report conduct that constitutes grounds for discipline or inability to practice [Effective Dec. 30, 2023].
(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 licensee reasonably believes indicates that any other practitioner licensed under chapter, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider's licensing statute.
(b) 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 licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:
(1) Mental illness or mental incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill.
(3) Excessive abuse of drugs, including alcohol.
(c) 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 any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
78 Del. Laws, c. 31, §  12;  84 Del. Laws, c. 86, § 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3020. Appointment of a custodian of client records [Effective Dec. 30, 2023].

§ 3020. Appointment of a custodian of client records [Effective Dec. 30, 2023].
(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 practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the licensee's client records after an investigation in accordance with the procedures under § 8735(h) of Title 29.
(b) (1) The custodian of client records appointed under this section shall notify the licensee's clients of record of the custodian's appointment by doing all of the following:
a. Publishing a notice to that effect in a newspaper of general circulation in the area where the licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian's appointment and must explain how a client can procure the client's records.
b. Notifying, by first-class mail, all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the client can procure the client's records.
(2) Seven years after being appointed, the custodian may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
(c) A custodian of client records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client's records.
84 Del. Laws, c. 86, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter II. Mental Health Professional Counselors and Associate Counselors › § 3030. License required.

§ 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 person who is not licensed under this chapter, or the person's employees, agents or representatives, to use in connection with the person's name or business the words “licensed professional counselor of mental health,” “licensed associate counselor of mental health,” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
74 Del. Laws, c. 355, §  12;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter II. Mental Health Professional Counselors and Associate Counselors › § 3031. Definitions.

§ 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 licensed professional counselor of mental health or other health professional approved by the Board for the purpose of becoming licensed as a professional counselor of mental health.
(2) “Licensed professional counselor of mental health” (“LPCMH”) is an individual licensed as a professional counselor of mental health under this chapter who offers professional mental health counseling to individuals, groups, organizations or the general public.
(3) “Professional direct supervision” is face-to-face consultation, on a regularly scheduled basis, between a supervisee and a licensed professional counselor of mental health (LPCMH) or other behavioral health professional approved by the Board as required by the nature of the work of the supervisee. The Board approved supervisor is responsible for insuring that the extent, kind and quality of the services rendered are consistent with the supervisee's education, training and experience.
(4) “Professional mental health counseling” is the application of clinical counseling principles, methods or procedures including the diagnosis and treatment of mental and emotional disorders to assist individuals in achieving more effective personal and social adjustment.
75 Del. Laws, c. 83, §  1;  80 Del. Laws, c. 80, §  15;  81 Del. Laws, c. 14, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter II. Mental Health Professional Counselors and Associate Counselors › § 3033. Qualifications of applicant for licensed associate counselor of mental health.

§ 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, verified by oath and satisfactory to the Board, that such person has met all the requirements established in this subchapter for licensed professional counselors of mental health, except the requirements dealing with required experience.
(b) A plan for professional direct supervision of the associate counselor of mental health shall be submitted to and approved by the Board prior to the applicant's acquiring the professional mental health counseling experience necessary for licensure as a professional counselor of mental health.
(c) The associate counselor of mental health license shall be effective for a period of 2 years. The license may be renewed up to 2 times.
(d) A LACMH may submit an application for LPCMH upon fulfillment of the experience requirements of this subchapter.
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;  81 Del. Laws, c. 14, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter II. Mental Health Professional Counselors and Associate Counselors › § 3034. Reciprocity.

§ 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 mental health specialty certifying organization acceptable to the Board who shall present proof of current licensure in good standing in another State, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. A “license in good standing” is defined in § 3032(a)(4) through (8) of this title.
(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal licensure and who has passed the NCE or other examination acceptable to the Board may be licensed by the Board, provided the applicant meets all other qualifications for reciprocity.
(c) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State and who lacks the minimum years of licensure as defined in subsection (b) of this section above may apply for licensure as an associate counselor of mental health, in order to obtain the experience necessary to fulfill the requirements of this subchapter.
(d) [Repealed.]
66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  73 Del. Laws, c. 293, §  1;  75 Del. Laws, c. 83, §  1;  75 Del. Laws, c. 393, §  2;  81 Del. Laws, c. 14, § 4;  81 Del. Laws, c. 425, § 18;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter III. Chemical Dependency Professionals › § 3040. License required.

§ 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 person's employees, agents or representatives, to use in connection with the person's name or business, the words “licensed chemical dependency professional” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
74 Del. Laws, c. 355, §  12;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter III. Chemical Dependency Professionals › § 3041. Definitions.

§ 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 the individual's or group's interest, abilities and needs as affected by addiction problems.
(2) “Counseling experience” is a formal, systematic process that focuses on skill development and integration of knowledge related to addiction counseling and reflects the accumulation of hours spent providing substance abuse counseling services while under the supervision of an approved clinical supervisor.
(3) “Licensed chemical dependency professional” is a person who holds a current, valid license issued pursuant to this chapter.
(4) “Professional counseling experience” is the accumulation of hours spent providing chemical dependency counseling services in a substance abuse counseling setting, including face to face interaction with clients and other services directly related to the treatment of clients.
(5) “Supervised counseling experience” is the overseeing of a supervisee's application of chemical dependency counseling principles, methods or procedures to assist clients in achieving more effective personal and social adjustment.
(6) “Uncompensated addictions services” are services offered to chemical dependent individuals free of charge.
74 Del. Laws, c. 355, §  12;  75 Del. Laws, c. 83, §  1;  80 Del. Laws, c. 80, §  16;  82 Del. Laws, c. 261, §§  12, 16;  83 Del. Laws, c. 52, § 16;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter III. Chemical Dependency Professionals › § 3042. License requirements; professional designation.

§ 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 under this chapter.
(b) No person shall assume, represent that person's own self as or use the title of “licensed chemical dependency professional,” or any of the abbreviations of the above title unless licensed under this chapter and unless the title of designation corresponds to the license held by the person pursuant to this chapter.
(c) A licensed chemical dependency professional pursuant to the provisions of this chapter, or the licensed chemical dependency professional's employee, shall not disclose any confidential information that the counselor or the counselor's employee may have required while performing alcohol and drug counseling services for a patient unless in accordance with the federal regulation regarding the Confidentiality of Alcohol and Drug Abuse Patient Records pursuant to 42 C.F.R. 2.1 et seq.
74 Del. Laws, c. 355, §  12;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter III. Chemical Dependency Professionals › § 3043. Applicability of subchapter.

§ 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 services.
(b) Nothing in this subchapter shall be construed to apply to a designated employee or other agent of a private employer who has been designated to provide chemical dependency counseling under the jurisdiction of the company, or an employee or other agent of a recognized academic institution, a federal, state, county or local government institution, agency or facility, or school district, if the individual is performing solely with the company or the agency, as the case may be, or under the jurisdiction of that company or agency, and if a license granted under this chapter is not a requirement for employment.
(c) Nothing in this subchapter shall be construed to apply to a rabbi, priest, minister, or clergy of any religious denomination or sect, when performing within the scope of the person's regular or specialized ministerial duties and for which no separate charge is made, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legal cognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof.
(d) Nothing in this subchapter shall be construed to apply to a student, intern or trainee in chemical dependency counseling pursuing a course of study in counseling in a regionally accredited institution, if performed under supervision and constituting a part of the supervised course of study.
(e) Nothing in this subchapter shall be construed to apply to a person licensed in the State to practice medicine and surgery, psychology, social work, clinical social work, licensed professional counselor of mental health or any other person's profession or occupation and doing work of a nature consistent with a person's training, if the person does not hold himself or herself self out to the public as possessing a license issued pursuant to this chapter.
(f) Nothing in this subchapter shall prevent the practice of healing by spiritual means in accordance with the tenets and practice of any church or religious denomination by a duly accredited practitioner thereof. In the practice of healing by spiritual means, no individual shall hold himself or herself out to the public as possessing a license issued pursuant to this subchapter.
74 Del. Laws, c. 355, §  12;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 83, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter III. Chemical Dependency Professionals › § 3045. Reciprocity.

§ 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, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. Such applicant shall present proof that the applicant's license is in good standing. A license in good standing is defined in § 3044(a)(4)-(7) of this title.
(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State may be licensed by the Board if:
(1) The applicant had a license in good standing for a minimum of 5 years after licensure in the jurisdiction from which that applicant is applying for reciprocal licensure; and
(2) Is certified by the National Association for Addictions Professionals (NAADAC), or the Delaware Certification Board (DCB), or other national certifying organization acceptable to the Board;
provided, however, that the applicant meets all other qualifications for reciprocity in this section.
(c) In lieu of the documentation required by subsection (a) of this section, an applicant may submit a certificate of professional qualification as a licensed chemical dependency professional from a credential bank approved by the Board. The Board shall identify acceptable credentialing organizations in its rules and regulations. In addition, the Board may require the applicant to submit such supplemental information as it deems necessary to assure that the applicant meets the qualifications for licensure.
75 Del. Laws, c. 393, §  1;  70 Del. Laws, c. 186, §  1;