Delaware Code Title 24 Sec. 3503A – Compact privilege to practice telepsychology
(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with § 3502A of this title, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.
Terms Used In Delaware Code Title 24 Sec. 3503A
- Adverse action: means : Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. See Delaware Code Title 24 Sec. 3501A
- Authority to practice interjurisdictional telepsychology: means : a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
- Commission: means : the national administration of which all compact states are members. See Delaware Code Title 24 Sec. 3501A
- Compact state: means : a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to § 3512A(c) of this title or been terminated pursuant to § 3511A(b) of this title. See Delaware Code Title 24 Sec. 3501A
- E-Passport: means : a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. See Delaware Code Title 24 Sec. 3501A
- Home state: means : a compact state where a psychologist is licensed to practice psychology. See Delaware Code Title 24 Sec. 3501A
- Identity history summary: means : a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. See Delaware Code Title 24 Sec. 3501A
- License: means : authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. See Delaware Code Title 24 Sec. 3501A
- Psychologist: means : an individual licensed for the independent practice of psychology. See Delaware Code Title 24 Sec. 3501A
- Receiving state: means : a compact state where the client/patient is physically located when the telepsychological services are delivered. See Delaware Code Title 24 Sec. 3501A
- State: means : a state, commonwealth, territory, or possession of the United States, the District of Columbia. See Delaware Code Title 24 Sec. 3501A
- Statute: A law passed by a legislature.
- Telepsychology: means : the provision of psychological services using telecommunication technologies. See Delaware Code Title 24 Sec. 3501A
(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must comply with the following provisions in paragraphs (b)(1) through (8) of this section:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded either:
a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees.
b. A foreign college or university deemed to be equivalent to paragraph (b)(1)a. of this section above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology that meets all of the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution.
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.
d. The program must consist of an integrated, organized sequence of study.
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.
f. The designated director of the program must be a psychologist and a member of the core faculty.
g. The program must have an identifiable body of students who are matriculated in that program for a degree.
h. The program must include supervised internship training appropriate to the practice of psychology.
i. The curriculum shall encompass the completion of a doctoral degree in professional psychology.
j. The program includes an acceptable residency as defined by the rules of the Commission.
(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state.
(4) Have no history of adverse action that violate the rules of the Commission.
(5) Have no criminal record history reported on an identity history summary that violates the rules of the Commission.
(6) Possess a current, active E-Passport.
(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission.
(8) Meet other criteria as defined by the rules of the Commission.
(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.
(e) If a psychologist’s license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E-Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.