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May 20, 1997
New Castle County - Civil Division- (302-577-8400)
Carol Ellis, Director
Division of Professional Regulation
Cannon Building, Suite 203
P.O. Box 1401
Dover, Delaware 19903
Re: Twenty-four Del. C. § 3519(e) - Exemption from Licensure
Dear Ms. Ellis:
You have asked whether unlicensed psychologists on the staff of
the University of Delaware Center for Counseling and Student
Development ("Counseling Center") are exempt from licensure for
the 6 year period under 24 Del. C. § 3519(e). For the reasons
stated below, we believe that they are.
The second paragraph of 24 Del. C. § 3519(e) was introduced as
House Amendment No. 1 to Senate Bill No. 61 and was enacted as
part of 70 Del. Laws Ch. 57 in 1995. The second paragraph
provides :
"Notwithstanding any contrary provisions in this chapter, any person who is a full-time faculty member in a nationally accredited doctoral level clinical training program in the State, and who is actively pursuing licensure under this chapter for a period not to exceed 6 years, may participate in and may supervise matriculated graduate students in activities defined as the practice of psychology within the context of such programs; and may conduct any research and teaching activities related to the activities of such program."
There are, therefore, three requirements for a person to be
exempted pursuant to § 3519(e). First, the person must be a
"full-time faculty member." Second, said faculty member must be
in a "nationally accredited doctoral level clinical training
program in the State." Third, the person must be "actively
pursuing licensure under this chapter for a period not to exceed
6 years." We understand from your letter that the two parts of
this statute which are at issue when applying it to the
Counseling Center are whether the staff at the Counseling Center
are "full-time faculty members" and whether the Counseling Center
conducts a "nationally accredited doctoral level clinical
training program training program in the State."(1)
In letters to the Board of Examiners of Psychologists ("Board")
dated September 30, 1996 and January 23, 1997, John B. Bishop,
Ph.D., Assistant Vice President for Student Life, states that the
persons employed as psychologists in the Counseling Center are
full-time faculty members according to the Constitution and
By-laws of the University of Delaware. He attaches to those
letters sections of the University Constitution. Section 1 of
that Constitution provides that "full-time professional
members...in the Center for Counseling and Student Development"
are part of the University faculty with full voting membership in
the University Faculty. It appears that the Board's concern is
that these persons may not actually be engaging in instructional
activity full-time. We do not read § 3519(e) as requiring that.
It merely requires that the person be a "full-time faculty
member". The University defines the psychologists in the
Counseling Center as full-time faculty members by its
Constitution and there is nothing in § 3519(e) to suggest that
the General Assembly meant anything other than one who is so
designated by the institution of higher learning.
Second, Dr. Bishop has stated that the Counseling Center runs an
internship program that is accredited by the American
Psychological Association ("APA"). We understand that this
internship program, or another similar APA accredited program, is
a requirement for receiving a doctoral degree in psychology for
most accredited programs and, therefore, part of the program
matriculated graduate students must complete to receive their
doctoral degree. Therefore, this internship program is a
"nationally accredited doctoral level clinical training program
in the State" in that it is both nationally accredited by the
recognized accrediting association as well as being a clinical
training program at the doctoral level since it is part of the
course of study needed to be completed in order to achieve the
doctorate degree in psychology.
We are aware that some of the Board's concern is based on the
fact that House Amendment No. 1, which contains the language at
issue here, was negotiated late in the session and had in mind
the faculty members in the Department of Psychology of University
of Delaware and not the Counseling Center. However, as shown
above, the clear language of the statute leads to only one
result. A fundamental rule of statutory construction is "to
ascertain and give affect to the intent of the legislature."
Coastal Barge Corp v. Coastal Zone Industrial Control Board, Del.
Supr., 492 A.2d 1242 (1985) "[I]f the statute as a whole is
unambiguous, there is no reasonable doubt as to the meaning of
the words used and the Court's role is then limited to an
application of the literal meaning of the words." Id . at 1246.
We believe the language is clear and there is no need to resort
to other methods of statutory construction. Additionally, the
Synopsis of House Amendment No. 1 to Senate Bill No. 61 supports
our conclusion. The Synopsis states in part:
"This Amendment permits the continuation without interruption of well-qualified clinical programs which provide valuable training for doctoral psychology degree candidates, and a valuable public service. It allows post graduate program faculty members, who must spend time researching, teaching, and supervising students, additional time to comply with psychologist licensure requirements..."
In summary, we find that the language of the second paragraph of 24 Del. C. § 3519(e) is clear and unambiguous. Nothing in the language suggests that it was intended to apply only to the Department of Psychology and not to programs such as the Counseling Center.(2) If you have any further questions, please do not hesitate to contact us. Very truly yours, Malcolm S. Cobin Assistant State Solicitor MSC:ce Approved: ____________________________ Michael J. Rich, State Solicitor
1.
We are aware that the Board is working on regulations to
define the third prong, namely when someone is actively pursuing
licensure for a period not to exceed 6 years.
2. This opinion is based on the facts that have been presented in
your letter and the attachments thereto; namely that the
Counseling Center is an APA accredited internship program for
doctoral candidates, that the persons at issue are full-time
faculty members of the University of Delaware, and that such
persons comply with the requirement to pursue licensure in 6
years or less.