Bill Text: DE HB52 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Licensure Of Mental Health And Chemical Dependancy Professionals.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Introduced - Dead) 2011-03-29 - Stricken [HB52 Detail]
Download: Delaware-2011-HB52-Draft.html
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SPONSOR: |
Rep. Barbieri & Sen. Blevins Reps. Bennett, Briggs King, Gilligan, Heffernan, Keeley, Ramone, Schwartzkopf, B. Short, Walker, D.E. Williams |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 52 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO LICENSURE OF MENTAL HEALTH AND CHEMICAL DEPENDANCY PROFESSIONALS. |
Section 1.Amend §3009(a)(2) of Title 24 of the Delaware Code by adding after the first sentence and before the second sentence the following language:
"The Board shall permanently revoke the license of any mental health or chemical dependency professional who is convicted of a felony sexual offense.".
Section 2.Amend §3009(a) of Title 24 of the Delaware Code by adding new paragraphs (8) and (9) as follows:
"(8)Failed to report child abuse or neglect as required by §903 of Title 16, or any successor thereto.
(9)Failed to report to the Board in writing information that the practitioner reasonably believes indicates that any practitioner or healthcare provider is or may be guilty of unprofessional conduct or may be unable to practice their profession with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.Such written report must be made within 30 days of becoming aware of such information.Any licensee who makes such a report in good faith is not subject to civil damages or criminal prosecution for reporting.".
Section 3.Amend §3032(a)(5) of Title 24 of the Delaware Code by adding a new subparagraph as follows:
"d. The applicant has not been convicted of a felony sexual offense.".
Section 4.Amend §3044(a)(6) of Title 24 of the Delaware Code by adding a new subparagraph as follows:
"d. The applicant has not been convicted of a felony sexual offense.".
SYNOPSIS
Sections 1, 3 and 4 of this bill require permanent revocation of the license of any mental health or chemical dependency professional convicted of a felony sexual offense.
Section 2 of this bill makes it a ground for discipline if a licensed mental health or chemical dependency professional fails to report child abuse or neglect as required of every person by 16 Del. C. §903, or if a licensee fails to report to the Board any licensee or other healthcare professional who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing their profession.It also provides that any licensee who makes a good faith report against a licensee or other healthcare professional is not subject to civil or criminal liability for reporting.
