State Codes and Statutes

Statutes > Delaware > Title24 > C030 > C030-sc04

TITLE 24

Professions and Occupations

CHAPTER 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS

Subchapter IV. Marriage and Family Therapists

§ 3050. License required.

No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any 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 marriage and family therapist," "licensed associate marriage and family therapist," or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that such person is licensed.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1.;

§ 3051. Definitions.

(a) "Direct supervision" is face to face consultation, on a regularly scheduled basis, between a licensed associate marriage and family therapist (LAMFT) and a licensed marriage and family therapist (LMFT) as required by the nature of the work of the LAMFT. The supervising LMFT is responsible for insuring that the extent, kind and quality of the services rendered by the LAMFT are consistent with the person's education, training and experience.

(b) "Licensed associate marriage and family therapist" (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under direct professional supervision for the purpose of becoming licensed as a marriage and family therapist (LMFT).

(c) "Licensed marriage and family therapist" (LMFT) is an individual licensed as a marriage and family therapist under this chapter who offers to individuals, couples, families or groups professional marriage and family services either directly to the general public or through public or private organizations.

(d) "Marriage and family therapy services" includes the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of interpersonal relationships, including marriage and family systems, and involves the professional application of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples and families.

(e) "Professional direct supervision" is supervision by a licensed marriage and family therapist, or an individual holding the "approved supervisor" designation from the American Association for Marriage and Family Therapy (AAMFT) or a candidate for the "approved supervisor" designation who is acceptable to the Board.

75 Del. Laws, c. 83, § 1.;

§ 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, 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 calendar years of work experience in Marriage and Family Therapy under professional direct supervision. 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 have been under direct professional supervision acceptable to the Board. When professional direct supervision is not available, a licensed clinical social worker, licensed psychologist, licensed professional counselor of mental health, or licensed physician specializing in psychiatry may supervise the applicant upon approval by 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 the circumstances of which are substantially related to actions as a licensed marriage and family therapist. 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 on whether the conviction or charge is substantially related to actions as a licensed marriage and family therapist. 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 (a)(6), if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed marriage and family therapy services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.

(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.

(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.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436, § 34; 77 Del. Laws, c. 199, § 25.;

§ 3053. Qualifications of applicant for licensed associate marriage and family therapist.

(a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay 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 marriage and family therapists, except the requirements dealing with required experience.

(b) A plan for professional direct supervision of the associate marriage and family therapist shall be submitted to and approved by the Board prior to the applicant's acquiring the marriage and family therapy experience necessary for license as a marriage and family therapist.

(c) The associate marriage and family therapist license shall be effective for a period of 2 years. The license may be renewed once.

(d) A LAMFT may submit an application for LMFT upon fulfillment of the experience requirements of this subchapter.

75 Del. Laws, c. 83, § 1.;

§ 3054. 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 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 license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(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 license, and who is certified by the AAMFT or other national marriage and family therapist certifying organization acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 393, § 3.;

State Codes and Statutes

Statutes > Delaware > Title24 > C030 > C030-sc04

TITLE 24

Professions and Occupations

CHAPTER 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS

Subchapter IV. Marriage and Family Therapists

§ 3050. License required.

No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any 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 marriage and family therapist," "licensed associate marriage and family therapist," or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that such person is licensed.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1.;

§ 3051. Definitions.

(a) "Direct supervision" is face to face consultation, on a regularly scheduled basis, between a licensed associate marriage and family therapist (LAMFT) and a licensed marriage and family therapist (LMFT) as required by the nature of the work of the LAMFT. The supervising LMFT is responsible for insuring that the extent, kind and quality of the services rendered by the LAMFT are consistent with the person's education, training and experience.

(b) "Licensed associate marriage and family therapist" (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under direct professional supervision for the purpose of becoming licensed as a marriage and family therapist (LMFT).

(c) "Licensed marriage and family therapist" (LMFT) is an individual licensed as a marriage and family therapist under this chapter who offers to individuals, couples, families or groups professional marriage and family services either directly to the general public or through public or private organizations.

(d) "Marriage and family therapy services" includes the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of interpersonal relationships, including marriage and family systems, and involves the professional application of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples and families.

(e) "Professional direct supervision" is supervision by a licensed marriage and family therapist, or an individual holding the "approved supervisor" designation from the American Association for Marriage and Family Therapy (AAMFT) or a candidate for the "approved supervisor" designation who is acceptable to the Board.

75 Del. Laws, c. 83, § 1.;

§ 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, 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 calendar years of work experience in Marriage and Family Therapy under professional direct supervision. 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 have been under direct professional supervision acceptable to the Board. When professional direct supervision is not available, a licensed clinical social worker, licensed psychologist, licensed professional counselor of mental health, or licensed physician specializing in psychiatry may supervise the applicant upon approval by 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 the circumstances of which are substantially related to actions as a licensed marriage and family therapist. 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 on whether the conviction or charge is substantially related to actions as a licensed marriage and family therapist. 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 (a)(6), if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed marriage and family therapy services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.

(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.

(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.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436, § 34; 77 Del. Laws, c. 199, § 25.;

§ 3053. Qualifications of applicant for licensed associate marriage and family therapist.

(a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay 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 marriage and family therapists, except the requirements dealing with required experience.

(b) A plan for professional direct supervision of the associate marriage and family therapist shall be submitted to and approved by the Board prior to the applicant's acquiring the marriage and family therapy experience necessary for license as a marriage and family therapist.

(c) The associate marriage and family therapist license shall be effective for a period of 2 years. The license may be renewed once.

(d) A LAMFT may submit an application for LMFT upon fulfillment of the experience requirements of this subchapter.

75 Del. Laws, c. 83, § 1.;

§ 3054. 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 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 license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(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 license, and who is certified by the AAMFT or other national marriage and family therapist certifying organization acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 393, § 3.;


State Codes and Statutes

State Codes and Statutes

Statutes > Delaware > Title24 > C030 > C030-sc04

TITLE 24

Professions and Occupations

CHAPTER 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS

Subchapter IV. Marriage and Family Therapists

§ 3050. License required.

No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any 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 marriage and family therapist," "licensed associate marriage and family therapist," or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that such person is licensed.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1.;

§ 3051. Definitions.

(a) "Direct supervision" is face to face consultation, on a regularly scheduled basis, between a licensed associate marriage and family therapist (LAMFT) and a licensed marriage and family therapist (LMFT) as required by the nature of the work of the LAMFT. The supervising LMFT is responsible for insuring that the extent, kind and quality of the services rendered by the LAMFT are consistent with the person's education, training and experience.

(b) "Licensed associate marriage and family therapist" (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under direct professional supervision for the purpose of becoming licensed as a marriage and family therapist (LMFT).

(c) "Licensed marriage and family therapist" (LMFT) is an individual licensed as a marriage and family therapist under this chapter who offers to individuals, couples, families or groups professional marriage and family services either directly to the general public or through public or private organizations.

(d) "Marriage and family therapy services" includes the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of interpersonal relationships, including marriage and family systems, and involves the professional application of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples and families.

(e) "Professional direct supervision" is supervision by a licensed marriage and family therapist, or an individual holding the "approved supervisor" designation from the American Association for Marriage and Family Therapy (AAMFT) or a candidate for the "approved supervisor" designation who is acceptable to the Board.

75 Del. Laws, c. 83, § 1.;

§ 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, 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 calendar years of work experience in Marriage and Family Therapy under professional direct supervision. 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 have been under direct professional supervision acceptable to the Board. When professional direct supervision is not available, a licensed clinical social worker, licensed psychologist, licensed professional counselor of mental health, or licensed physician specializing in psychiatry may supervise the applicant upon approval by 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 the circumstances of which are substantially related to actions as a licensed marriage and family therapist. 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 on whether the conviction or charge is substantially related to actions as a licensed marriage and family therapist. 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 (a)(6), if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

b. The applicant is capable of practicing licensed marriage and family therapy services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.

(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.

(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.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436, § 34; 77 Del. Laws, c. 199, § 25.;

§ 3053. Qualifications of applicant for licensed associate marriage and family therapist.

(a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay 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 marriage and family therapists, except the requirements dealing with required experience.

(b) A plan for professional direct supervision of the associate marriage and family therapist shall be submitted to and approved by the Board prior to the applicant's acquiring the marriage and family therapy experience necessary for license as a marriage and family therapist.

(c) The associate marriage and family therapist license shall be effective for a period of 2 years. The license may be renewed once.

(d) A LAMFT may submit an application for LMFT upon fulfillment of the experience requirements of this subchapter.

75 Del. Laws, c. 83, § 1.;

§ 3054. 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 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 license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(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 license, and who is certified by the AAMFT or other national marriage and family therapist certifying organization acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.

75 Del. Laws, c. 83, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 393, § 3.;