Delaware Code Title 24 Sec. 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 completed a master’s or doctoral degree in marriage and family therapy from a recognized educational institution with a minimum of 45 semester credits, or a graduate degree in an allied field from a recognized educational institution and graduate level work which is the equivalent to a master’s degree in marriage and family therapy, as determined by the Board.
(2) Following completion of the master’s degree has successfully completed 2 years of supervised marriage and family therapy experience. The experience must consist of not less than 3,200 hours obtained over a period of not more than 4 consecutive years, at least 1,600 of which shall be supervised clinical experience acceptable to the Board.
(3) Has passed the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) standardized examination or other examination acceptable to the Board.
(4) Has not been the recipient of any administrative penalties regarding the applicant’s actions as a marriage and family therapist, including, but not limited to, fines, formal reprimands, license suspensions or revocations (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 the applicant’s professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny a license.
(5) Does 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 act as a licensed marriage and family therapist in a manner consistent with the safety of the public.
(6) Does not have a criminal conviction record, or pending criminal charge, relating to an offense that is substantially related to the practice of marriage and family therapy. 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. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that the granting of a waiver would not create an unreasonable risk to public safety, the Board shall waive this paragraph (a)(6). A waiver may not be granted for a conviction of a felony sexual offense.
a.-e. [Repealed.]
(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or a code of ethics of a recognized professional marriage and family therapy organization.
(8) Meets all other additional requirements as may be required by the Board in its rules and regulations.
(9) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.
(10) Has submitted, 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 Mental Health and Chemical Dependency Professionals shall be the screening point for the receipt of said federal criminal history records.
An applicant may not be licensed as a marriage and family therapist until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of marriage and family therapy may not be certified by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.
Terms Used In Delaware Code Title 24 Sec. 3052
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the Board of Mental Health and Chemical Dependency Professionals. See Delaware Code Title 24 Sec. 3002
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 3002
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- 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. See Delaware Code Title 24 Sec. 3002
(b) If the Board finds that an applicant has been intentionally fraudulent or has intentionally supplied false information, the Board shall report its finding to the Attorney General for further action.
(c) Where an application has been refused or rejected and the applicant feels that the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants or licensees or has in some other manner contributed to or caused the failure of such application, the applicants may appeal to the Superior Court.
(d) [Repealed.]
75 Del. Laws, c. 83, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 436, § ?34; 77 Del. Laws, c. 199, § ?25; 78 Del. Laws, c. 31, §§ ?9-11; 78 Del. Laws, c. 44, §§ ?48, 49; 79 Del. Laws, c. 277, § ?10; 81 Del. Laws, c. 14, § 7; 83 Del. Laws, c. 433, § 20;