1 Del. Admin. Code § 1100-11.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1100-11.0 - Disciplinary Process

11.1 The Credentialing Subcommittee of the SOMB may deny, revoke, suspend, or otherwise monitor credentialing of an applicant or person who is currently credentialed as a Sex Offense Service Provider for any of the following reasons as they relate specifically to the credentialed Sex Offense Service Provider's treatment and evaluation of individuals who have engaged in sexually problematic behavior:

11.1.1 Failure to meet or maintain the minimum eligibility requirements for credentialing as established by the SOMB;

11.1.2 Falsification of any information or documentation, or concealing a material fact in the application for (re)certification, or during any investigation or quality assurance review;

11.1.3 Failure to comply with 1 DE Admin. Code 1100 or the standards adopted by the SOMB;

11.1.4 Failure to cooperate during any investigation concerning credentialing;

11.1.5 Failure to comply with any final order issued by the Credentialing Subcommittee of the SOMB, informal disciplinary measures, or remedial steps or corrective action ordered by the Credentialing Subcommittee of the SOMB as a condition of continued certification, including continuing to claim having credentials that have been suspended or restricted;

11.1.6 Engaging in conduct that departs from the SOMB standards;

11.1.7 Revocation, suspension, limitation, reprimand, voluntary surrender or any other disciplinary action, or proceeding, including investigation against a license, certificate or privilege to practice by a professional licensing board; and

11.1.8 Complaints involving primarily issues related to the general provision of treatment and evaluation services and only secondarily involve sex offense treatment and evaluations will first be reviewed by their professional licensure board before the Credentialing Subcommittee of the SOMB makes a determination as to how to proceed unless an Emergency Suspension as a credentialed Sex Offense Service Provider is warranted.

11.2 Mirroring orders and emergency suspensions

11.2.1 In the event that a state licensing board with authority over a credentialed Sex Offense Service Provider's professional license takes action against their professional license in any fashion which suspends, restricts, limits or affects the Sex Offense Service Provider's ability to provide services pursuant to their credential from the SOMB, the credential holder will promptly notify the Credentialing Subcommittee of the SOMB of the action. Failure to do so could result in additional disciplinary action from the Credentialing Subcommittee of the SOMB.

11.2.2 Upon notification of such action and receipt of an official order from the respective professional licensing board, the Credentialing Subcommittee of the SOMB shall be authorized to issue its order suspending, restricting limiting or otherwise affecting the Sex Offense Service Provider's credential in the same fashion as the professional licensing board action.

11.2.3 The Credentialing Subcommittee of the SOMB's decision may be issued without further hearing or proceeding but shall be subject to the effect of any reversal or modification of the professional licensing board action by reason of rehearing or appeal.

11.3 Emergency Suspension

11.3.1 If the Credentialing Subcommittee of the SOMB finds that public health, safety or welfare requires immediate emergency action, the Credentialing Subcommittee of the SOMB may take such action necessary to prevent or avoid the immediate danger.

11.3.2 The Credentialing Subcommittee of the SOMB may issue an order suspending a Sex Offense Service Provider's credential pending formal proceedings for revocation or other action. Such order shall include a brief, reasoned statement justifying the existence of an emergency and the decision to take a specific action. The order will be effective when issued.

11.3.3 After issuance of an emergency order, the Credentialing Subcommittee of the SOMB will immediately initiate the disciplinary process procedures that would have occurred had the emergency not existed.

11.3.4 The emergency suspension shall not exceed a period of one year from the date it was enacted.

1 Del. Admin. Code § 1100-11.0

22 DE Reg. 617 (1/1/2019)
25 DE Reg. 301 (9/1/2021) (Final)