Current through Register Vol. 28, No. 3, September 1, 2024
12.1 If the
Credentialing Subcommittee of the SOMB determines that there has been a
violation of 1 DE Admin. Code 1100 or the standards adopted by the SOMB, then
it may impose any of the following sanctions, singularly or in combination:
12.1.1 Formal Discipline which restricts or
impedes the credentialed Sex Offense Service Provider's ability to perform
services under that credential. Formal disciplinary action decisions will be
posted on the SOMB website and central database of credentialed Sex Offense
Service Providers;
12.1.1.1 Suspension. A
credential may be suspended by the Credentialing Subcommittee of the SOMB for a
period not to exceed one (1) year. Upon a second or subsequent suspension, the
credential may be suspended for a period not to exceed five (5) years. During
the period of suspension, the Sex Offense Service Provider may not perform any
credentialed sex offense services in the state of Delaware.
12.1.1.2 Revocation. A credential may be
revoked permanently by the Credentialing Subcommittee of the SOMB.
12.1.1.3 Restrictions. A credential may be
restricted by requiring the Sex Offense Service Provider to comply with the
Credentialing Subcommittee of the SOMB's directives. The duration of the
restriction placed on the credential will be established by a specified date,
by the performance of certain remedial or corrective action, or a combination
thereof. The duration of a restriction of a credential shall not exceed one (1)
year.
12.1.2 Informal
Discipline. Informal disciplinary actions do not restrict or impede a
credentialed Sex Offense Service Provider's ability to perform sex offense
services. Informal disciplinary actions are not public and will not be posted
on the SOMB website or central database of credentialed Sex Offense Service
Providers;
12.1.2.1 Monitoring. This consists
of routinely reviewing a credentialed Sex Offense Service Provider's
performance to assist them with understanding the dynamics of the population
served and compliance with the SOMB's standards. Monitoring may include the
recommendation of specialized training or the use of a mentor approved by the
SOMB;
12.1.2.2 Letters of Informal
Reprimand or Counseling. This is used to provide guidance or recommendations to
the credentialed Sex Offense Service Provider regarding areas for improvement;
and
12.1.2.3 Probation. The
Credentialing Subcommittee of the SOMB may withhold using formal discipline and
place the credentialed Sex Offense Service Provider on probation not to exceed
two (2) years. The Credentialing Subcommittee of the SOMB may impose any
conditions of probation deemed necessary to ensure compliance with the SOMB's
standards of practice. Failure to comply with a probationary term may result in
the imposition of any suspended discipline following a
hearing.
12.2
Credential holders facing informal disciplinary action will not have the right
to a hearing and do not have the right to appeal the Credentialing Subcommittee
of the SOMB's decision for informal disciplinary action. Informal discipline
occurs at the sole discretion of the Credentialing Subcommittee of the SOMB.
Credentialed Sex Offense Service Providers may face formal disciplinary action
for not complying with any informal disciplinary action as agreed to by both
parties. Should the credentialed Sex Offense Service Provider not agree to the
informal disciplinary action recommended by the Credentialing Subcommittee of
the SOMB, the Credentialing Subcommittee of the SOMB reserves the right to
initiate formal disciplinary proceedings.
12.3 Credentialed Sex Offense Service
Providers who are facing formal disciplinary action will have the right to a
hearing as provided below.
12.4 The
Credentialing Subcommittee of the SOMB is not authorized to impose civil
remedies, such as monetary damages or restitution, to compensate complainants
or to resolve fee disputes, which are civil matters.
12.5 The Credentialing Subcommittee of the
SOMB is not authorized to impose criminal penalties.
