Delaware Code Title 24 Sec. 3502A – Home state licensure
(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.
Terms Used In Delaware Code Title 24 Sec. 3502A
- 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
- Bylaws: means : those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to § 3509A of this title for its governance, or for directing and controlling its actions and conduct. 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state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to § 3512A(c) of this title or been terminated pursuant to § 3511A(b) of this title.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
- Distant state: means : the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. 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
- Significant investigatory information: means either of the following:
- State: means : a state, commonwealth, territory, or possession of the United States, the District of Columbia. See Delaware Code Title 24 Sec. 3501A
- Telepsychology: means : the provision of psychological services using telecommunication technologies. See Delaware Code Title 24 Sec. 3501A
- Temporary authorization to practice: means : a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state. See Delaware Code Title 24 Sec. 3501A
(b) A psychologist may hold 1 or more compact state licenses at a time. If the psychologist is licensed in more than 1 compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this Compact.
(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state does all of the following:
(1) Currently requires the psychologist to hold an active E-Passport.
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.
(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than 10 years after activation of the Compact.
(5) Complies with the bylaws and rules of the Commission.
(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state does all of the following:
(1) Currently requires the psychologist to hold an active IPC.
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.
(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than 10 years after activation of the Compact.
(5) Complies with the bylaws and rules of the Commission.