An applicant who is applying for licensure under this subchapter shall complete a Board-approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the applicant:

(1) Has completed 1 of the following:

a. A master’s or doctoral degree in art therapy from an accredited educational institution with a minimum of 60 credit hours of graduate course work in an art therapy program that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred. For those graduating with a master’s degree prior to January 2013, a master’s degree from an accredited educational institution in an art therapy program that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred is required.

b. A graduate degree in an allied field from an accredited educational institution and graduate-level work which is the equivalent to a master’s degree in art therapy, as determined by the Board.

(2) Following the completion of the master’s degree, has successfully completed not less than 2 years of supervised experience. The experience must consist of not less than 3,200 hours obtained over a period of not more than 4 consecutive years.

(3) Has passed the board examination of the Art Therapy Credentials Board (ATCB).

(4) Has not done any of the following:

a. Been the recipient of any administrative penalties regarding the applicant’s actions as an art therapist, including, fines; formal reprimands; license suspensions or revocations, except for license revocations for nonpayment of license renewal fees; or probationary limitations. The Board, after a hearing may determine whether such administrative penalty is grounds to deny a license.

b. Entered into any “consent agreements” which contain conditions placed by a board on the applicant’s professional conduct, including any voluntary surrender of a license.

(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to act as a licensed art therapist in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction record, or pending criminal charge, relating to an offense the circumstances of which are substantially related to actions as a licensed art therapist. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination on whether the conviction or charge is substantially related to actions as a licensed art therapist. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (6) if it finds all of the following:

a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service.

c. The applicant is capable of practicing licensed art therapy services in a competent and professional manner.

d. The granting of the waiver will not endanger the public health, safety, or welfare.

e. The applicant has not been convicted of a felony sexual offense.

(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or a code of ethics of a recognized professional art therapist organization.

(8) Meets all requirements as may be required by the Board in its rules and regulations.

(9) Has not been convicted of a felony sex offense.

(10) a. Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

1. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.

2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this paragraph and the Board of Mental Health and Chemical Dependency Professionals is the screening point for the receipt of the federal criminal history records.

b. An applicant may not be licensed as a professional art therapist or an associate art therapist until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be licensed by the Board unless a waiver is granted pursuant to paragraph (6) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.

c. If the Board finds that an applicant has been intentionally fraudulent or has intentionally supplied false information, the Board shall report its finding to the Attorney General for further action.

d. If an application has been refused or rejected and the applicant feels that the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

81 Del. Laws, c. 165, § 3; 81 Del. Laws, c. 415, § 1.