Del. Code Ann. tit. 24, § 3503
Board of Examiners of Psychologists; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 85 Del. Laws, c. 317, § 25]
24 Del. C. 1953, § 3502; 58 Del. Laws, c. 380; 62 Del. Laws, c. 314, §§ 2, 3; 65 Del. Laws, c. 223, § 1; 67 Del. Laws, c. 366, § 14; 67 Del. Laws, c. 368, § 22; 70 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 85, § 18; 85 Del. Laws, c. 317, § 2;
- (a) There is created a State Board of Examiners of Psychologists which shall administer and enforce this chapter.
(b) The Board consists of 9 members who are appointed by the Governor and meet the following qualifications:
- (1) All 9 members must be residents of this State.
- (2) Five of the members must be psychologists licensed under this chapter.
- (3) Four members must be public members.
- (4) At least 3 members must be engaged full time in the practice of psychology.
- (5) The public members may not be, nor ever have been, psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants, nor members of the immediate family of a psychologist, licensed psychology associate, doctoral-level psychological assistant, or master’s-level psychological assistant; may not have been employed by a psychologist, licensed psychology associate, doctoral-level assistant, or master’s-level psychological assistant; may not have a material interest in the providing of goods and services to psychologists, licensed psychology associates, doctoral-level psychological assistants, or master’s-level psychological assistants; and may not have been engaged in an activity directly related to psychology. The public members must be accessible to inquiries, comments, and suggestions from the general public.
- (c) Except as otherwise provided in subsection (d) of this section, each member is appointed for a period of 3 years and may serve 1 additional term in succession; however, if a member was initially appointed to fill a vacancy, the member may serve only 1 additional full term in succession. Any individual appointed to fill a vacancy on the Board serves for the remainder of the unexpired term of the former member. Each member’s term expires on the date specified in the appointment; however, the member remains eligible to participate in Board proceedings until replaced by the Governor.
- (d) An individual who has never served on the Board may be appointed to the Board for 2 consecutive terms; however, after the individual has been appointed for 2 consecutive terms the individual is not eligible for 2 consecutive appointments. An individual who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period may not be appointed to the Board again until an interim period of at least 1 year has expired since the individual last served.
- (e) Any act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless the amendment or revision amends this section to permit such an appointment.
- (f) The Governor may suspend or remove a member for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing is disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A member may appeal any suspension or removal to the Superior Court.
- (g) While serving on the Board, a member may not hold elective office in any professional association of psychologists.
- (h) The provisions set forth for “employees” in Chapter 58 of Title 29 apply to all members and to all agents appointed, or otherwise employed, by the Board.
- (i) Any member who is absent, without adequate reason, for 3 consecutive meetings, or who fails to attend at least half of all regular Board meetings during any calendar year, is deemed in neglect of duty.
- (j) Each member must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division of Professional Regulation under Section 9 of Article III of the Delaware Constitution.
24 Del. C. 1953, § 3502; 58 Del. Laws, c. 380; 62 Del. Laws, c. 314, §§ 2, 3; 65 Del. Laws, c. 223, § 1; 67 Del. Laws, c. 366, § 14; 67 Del. Laws, c. 368, § 22; 70 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 85, § 18; 85 Del. Laws, c. 317, § 2