Delaware Code
Subchapter I. Board of Mental Health and Chemical Dependency Professionals
§ 3002. Definitions [Effective Jan. 1, 2023].

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) “Board” means the Board of Mental Health and Chemical Dependency Professionals.
(2) “Conversion therapy” means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following:

a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.
b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual's sexual orientation or gender identity.
c. Counseling that facilitates an individual's coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual's sexual orientation or gender identity.
(3) “Division” means the Division of Professional Regulation of the State of Delaware.
(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a licensee's ability to perform the work of a licensed mental health or chemical dependency professional.
(5) “Person” means a corporation, company, association and partnership, as well as an individual.
(6) “Store and forward transfer” means the transmission of a patient's medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time.
(7) “Substantially related” means the nature of the criminal conduct, for which a person was convicted, has a direct bearing on the fitness or ability of the person to perform 1 or more of the duties or responsibilities of a licensed mental health, chemical dependency, marriage and family therapy, or art therapy professional.

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