This Act provides that a felon may receive letters testamentary, or of administration, when the Register of Wills permits it, in the Register’s discretion, upon good cause shown.
Senate Substitute No. 1 for Senate Bill 208 differs from Senate Bill No. 208 in the following 9 ways: 1. Makes technical corrections, including changing § 3508A and § 3509A to § 3508B and § 3509B to avoid confusion with existing code sections in Chapter 35A of Title 24 of the Code, correcting the title for § 3509 and § 3509B, and making changes to use consistent language and structure. 2. Adds cognitive rehabilitation to the list of evidence-based therapeutic interventions under the practice of psychology. 3. Adds cognitive therapy to the list of therapies that are included as examples of evidence-based interventions. 4. Replaces "organic brain syndromes" with the modern term " brain-based disorders". 5. Adds programs accredited by the Canadian Psychological Association to the list of degree programs that are accepted by the Board of Examiners of Psychologists (Board) for licensure or registration under Chapter 35 of Title 24 of the Code. This makes it easier for individuals from Canada to be licensed or registered under Chapter 35 of Title 24 of the Code. 6. Removes from the qualifications of applicants for licensure as a licensed psychology associate the requirement that a master’s degree must be from a program with a minimum of 60 graduate semester hours, because the qualifications of applicants for licensure as a psychologist do not include a required number of semester hours for doctoral degree programs. The Board determines the qualifications of applicants, including whether the applicant’s degree is from a program that meets the requirements listed in § 3508 and § 3508B of Title 24. 7. In the scope of practice of a licensed psychology associate, replaces "general measures of cognitive abilities and achievement" with "measures of intellectual ability". This clarifies that a licensed psychology associate may not administer neuropsychological tests. 8. Updates registration as a doctoral-level psychological assistant under § 3509 and registration as a master's-level psychological assistant under § 3509B to reflect modern practice. The applicant for registration, not the supervising psychologist or supervising licensed psychology associate, is responsible for providing to the Board evidence of the applicant's qualifications for registration. Similar updates are made throughout Chapter 35 of Title 24 to reflect that the individual applying for registration is applying rather than the supervising psychologist or licensed psychology associate. 9. Removes the requirement for applicants for licensure or registrations under Chapter 35 of Title 24 to submit the applicant’s criminal history reports from the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) to the Board. The Board directly receives electronic copies of each applicant’s criminal history reports from the SBI and the FBI, as provided in § 3508(b)(1), § 3508B(b)(1), §3509(b)(1), and §3509B(b)(1). Like SB 208, this Act adds 2 additional psychology professionals regulated under Chapter 35 of Title 24: (1) a licensed psychology associate and (2) a master’s-level psychological assistant. This Act also renames the psychological assistant registered under § 3509 of Title 24 to “doctoral-level psychological assistant” to mark the difference in education between the existing psychological assistant and the master’s-level psychological assistant added by this Act. This Act also changes § 3511 to clarify that licensing through reciprocity does not apply to individuals registered under § 3509 and § 3509B. A licensed psychology associate may independently practice at a master’s-level of education and training, subject to the limitations listed under § 3508B(e) added by this Act. The Board of Examiners of Psychologists (Board) may grant a license to practice as a licensed psychology associate if an applicant meets certain qualifications, including holding a master’s degree in psychology from an accredited school, completing an internship, obtaining at least 2 years of supervised professional experience, and achieving a passing score on a Board-approved examination. A licensed psychology associate is subject to the same standards as a psychologist licensed under Chapter 35 of Title 24, including handling of patient records, mandatory reporting, character and fitness requirements, and professional discipline. A licensed psychology associate also may be granted a license by reciprocity. An individual who is seeking further licensure under Chapter 35 of Title 24 may register as a master’s-level psychological assistant. A master’s-level psychological assistant may perform specific functions, appropriate for the assistant’s level of education and training, under the supervision of a licensed psychologist or licensed psychology associate. The supervising licensed psychologist or supervising licensed psychology associate may apply to the Board for registration of a master’s-level psychological assistant and shall provide to the Board evidence that the individual presented for registration has the required master’s-level of education and training, that the individual will receive appropriate training and supervision, that the individual meets character and fitness requirements. The supervising psychologist or licensed psychology associate must also give the Board a statement outlining the specific functions the master’s-level psychological assistant will perform under supervision. The individual seeking registration must provide a statement, under oath, that the individual will not practice independently, will perform only the specific functions outlined in the statement submitted by the supervising psychologist or supervising licensed psychology associate, and will not represent that the individual is a licensed psychologist or licensed psychology associate. A master’s-level psychological assistant is subject to the same professional standards and professional discipline as a doctoral-level psychological assistant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Technical changes include removing deadlines that have passed and are no longer relevant, changing language to increase clarity and consistency, and changing the structure of certain paragraphs to increase readability and organization. Additionally, to clarify that all applicants for licensure or registration under Chapter 35 of Title 24 must provide criminal background checks, this Act moves the provision requiring applicants to provide fingerprints to obtain a criminal background report from § 3514 of Title 24 to the qualification requirements for each individual licensee or registrant under § 3508, § 3508B, § 3509, and § 3509B of Title 24. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act is effective on its enactment and is to be implemented the earlier of the following: 1. Twelve months from the date of enactment. 2. Notice by the Board of Examiners of Psychology published in the Register of Regulations that final regulations to implement this Act have been adopted.
This bill adds a new crime of application insurance fraud under the criminal code to include fraudulent statements submitted in support of an application to obtain or renew insurance or made for purposes of obtaining a commission or other payment from an insurer. This bill makes application-related insurance fraud a class A misdemeanor unless the benefits wrongfully obtained or sought to be obtained is at least $1,000, in which case application insurance fraud is a class G felony.
This bill allows auction houses that are licensed by the Delaware Office of the Alcoholic Beverage Control Commissioner to auction spirits, so long as the spirits being auctioned are not made available for sale in any licensed facility or store.
This Act imposes certain requirements upon a public utility if it intends to relocate a call center outside the service territory of the public utility or contract call center work outside of the service territory of the public utility. The requirements include providing notice to the Public Service Commission, current and prospective employees at the call center, and the union leadership of any current or prospective employees at the call center.
This Concurrent Resolution urges the Delaware Department of Human Resources to develop a statewide educational strategy on menopause to support public and private organizations and to improve understanding of menopause’s impact on Delaware’s workforce. This report is due no later than June 30, 2027.
This Concurrent Resolution requests the Delaware Division of the Arts, in cooperation with the Division of Small Business, prepare for consideration by the 154th General Assembly a report detailing recommendations for developing an arts, cultural, or creative district program and submit the report to the 154th General Assembly not later than April 2, 2027.
The Health Care Professional Access Act requires carriers to participate in uniform processes with specific timetables to create speed-to-market for health care professionals. Currently, health care professionals may be employed for 6 months or more with no ability to collect insurer reimbursement due to lengthy carrier credentialing process. Ensuring uniformity across carriers, as well as relevant procedural standards, will help attract and retain health care professionals in our state, enable movement between practices and the creation of new ones, and ensure nondiscrimination in credentialing decisions. Under this Act, credentialing processes are limited to 45 days. This Act additionally provides for provisional credentialing, whereby reimbursement ability is provided even more quickly for certain health care professionals, including FQHCs, and in designated shortage areas which currently include mental health professionals statewide and primary and dental care in Kent and Sussex Counties, or is offered if timelines are not met. Oversight of compliance with this Act falls to the applicable regulatory agency. The Act also ensures specific processes and health care professional rights during a carrier’s intent to terminate a credential. More than 30 states have credentialing standards in law, with additional jurisdictions considering relevant legislation. Components of this legislation are derived from the National Association of Insurance Commissioners’ Health Care Professional Credentialing Verification Model Act. This substitute differs from the original in that it does the following: - Clarifies that it applies to those carriers that require credentialing and does not require carriers to create a credentialing process if they do not already do so; - Clarifies the process for credentialing of health care professionals whose primary or home state is not Delaware and prefer to use the credentialing process in their primary or home state; - Allows a carrier to require earlier recredentialing to address activity that could disqualify a health care professional from credentialing; - Allows for certain electronic delivery of recredentialing notices; - Simplifies the language for the basis to deny, suspend, nonrenew, or terminate a health care professional’s to align with NCQA standards; - Clarifies that the penalties and remedies in this Act are in addition to those already otherwise available; and - Makes technical changes to information about CAQH.
This Act amends the Town of Smyrna Charter as follows: (1) Authorizes the Town to impose school impact fees on new development and construction as long as the impact fees do not exceed the impact fee that would otherwise be imposed by Kent County or New Castle County on development in unincorporated areas. (2) Authorizes the Board of Elections, and not the Town Council, to hear and decide challenges that are raised to the qualifications of candidates for the office of mayor and council. (3) Specifies that a vacancy in a council seat caused by the council member being elected as mayor is to be filled by the Town Council if less than a year is left on the term or by a special election if more than 1 year is left on the term. (4) Clarifies the standards to be used when determining the domicile of a prospective voter or candidate for office. (5) Establishes a 3-year term of office for the Board of Elections and clarifies that a tie vote for an office shall be resolved by the toss of a coin. (6) Eliminates the requirement that the Town Council meet the first and third Monday of each month and authorizes the Town Council to determine the day and frequency of monthly meetings at the annual organizational meeting. (7) Revises the annual audit deadline from June 30 to August 31.
This Act updates auto insurance protections by prohibiting carriers from limiting repair or replacement work to particular facilities, individuals, or business establishments as a condition of payment of a claim. This Act makes technical corrections to conform the statute with the Delaware Legislative Drafting Manual.
This Act establishes the position of a Title IX Coordinator in the Department of Education, whose purpose is statewide support, guidance, and oversight related to and providing for the enforcement of compliance with Title IX as it pertains to athletics in Delaware’s public schools serving grades 6 through 12. The Title IX Coordinator must do the following: 1) Offer annual Title IX training for school district and charter school Title IX coordinators, administrators, athletic directors, and coaches. 2) Provide non-legal technical Title IX assistance to school districts, schools, and charter schools, including model policies and best practices. 3) Collect and analyze data from school districts and charter schools to evaluate compliance with Title IX. 4) Identify, create, and maintain model Title IX policies and procedures. 5) Act as a liaison between public schools and federal agencies on updated rules and guidance. 6) Prepare a written report by December 1 of each year summarizing activities, findings, and recommendations for improving Title IX compliance and submit it to the Governor, General Assembly, and post publicly on the Department of Education website. This Act requires school districts and charter schools to annually post and report to the Department of Education the following information: 1) participation rates by sex in interscholastic and intramural athletics; 2) budget and expenditure information for boys’ and girls’ sports programs; and 3) other information determined necessary by the Coordinator to evaluate compliance. The Coordinator may issue systemic or school-specific non-legal guidance or request a school district, school, or charter school to engage in a strategic plan for improvement to address Title IX compliance. The Department of Education, in collaboration with the Delaware Interscholastic Athletic Association, will establish rules and regulations to implement and enforce the Act. The Act provides that the Department of Education must request sufficient funding to support the Coordinator position and necessary upgrades to the Department’s data system to enable collection and analysis of athletics budget and expenditure data disaggregated by sex.
This Act does all of the following: (1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff. (2) Modifies the definition of drug paraphernalia. (3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
