AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.
Sponsored By: Marie Pinkney (Democratic)
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 4 benefits, 1 costs, 7 mixed.
Clients get clearer care and disclosures
Providers must give clients written information about rights, service fees, program rules, complaints, and privacy at admission or on request. Information must use plain language and the client’s preferred language, with reasonable communication accommodations when required. Each client must receive a personal written treatment plan that guides care, tracks progress, and explains how success is measured. Plans must cover support needed after discharge and be reviewed or updated as treatment progresses. Residential providers must ensure appropriate examinations and evaluations, protect communication, and help clients access voter-registration and absentee-ballot forms. Providers holding a residential client’s property must give an itemized receipt and return it at discharge.
Behavioral health reporters gain job protections
Providers, executives, and administrators cannot fire, retaliate against, or discriminate against employees for reports under the law’s incident-reporting duties. Violations carry civil fines of up to $25,000. Affected employees can recover three times their damages, plus costs and attorney fees. People reporting in good faith and with reasonable care also receive protection from specified professional discipline, criminal liability, and civil damages tied to the report. That protection excludes reporters who abused, exploited, neglected, or seriously injured a client. It also excludes injury or death caused by unreasonable care, willful or wanton conduct, or gross negligence.
Behavioral health clients gain protected rights
Behavioral health clients have rights to safety, evidence-based treatment, privacy, communication, and participation in treatment planning. These include protection from abuse, neglect, exploitation, serious injury, and restrictive interventions, subject to the law’s limits. Residential clients also have rights involving examinations, visitors, calls, belongings, finances, activities, legal and spiritual advice, religion, and eligible voting. Calls and visits remain subject to general program rules and reasonable hours. Providers cannot require clients to give up their rights to receive care. Rights can be limited for necessary health or safety reasons, emergencies, medical or program requirements, other clients’ rights, court orders, or specified police-custody safety decisions. When a provider limits rights, the treating practitioner must record the specific reason in the clinical record.
Clients gain record access with limits
Providers must keep a clinical record for each client and release it to the client or representative on request, subject to legal limits. Care discussions, examinations, and treatment must remain private unless the client consents, the law permits disclosure, or a court orders it. A treating practitioner can block direct record access after determining that release would harm the client’s health or treatment progress. On request, the record must instead go to a client-chosen licensed practitioner with an equivalent scope of practice. That practitioner can share all or part if their reasonable medical judgment finds no harm. The Division can receive protected health information without informed consent for audits, investigations, or surveys involving care in licensed programs. Protection and advocacy representatives retain access to clients, facilities, and records as federal law allows.
Staff must report and protect clients
Behavioral health staff who witness an incident or reasonably believe one occurred must first protect the client and report it to the Division. Staff who reasonably believe a crime may have occurred must contact law enforcement and report it as soon as possible. For suspected rape or sexual assault, staff must help the client obtain a qualified sexual assault nurse examination unless the client refuses. Staff who refuse, fail, or neglect reporting duties face civil penalties of up to $1,000 per violation. Intentionally failing to report a critical incident or falsifying its report is a class A misdemeanor.
Clients gain ways to enforce rights
Behavioral health providers must offer a fair complaint process and respond promptly and reasonably. Clients can raise rights concerns and suggest policy changes. Clients can also complain to the Division, the health department, the protection and advocacy system, or the Attorney General. A representative can exercise a right when the client cannot. The Attorney General and protection and advocacy system can enforce client rights, and the Court of Chancery can resolve related cases.
Delaware centralizes behavioral health oversight
The Rick Urey Behavioral Health Treatment Act establishes the Division of Substance Abuse and Mental Health within Delaware’s health department. The Division oversees adult prevention, treatment, and recovery, and sets provider standards, licenses programs, and investigates complaints. It can manage grants, contracts, and property, and operate the Delaware Psychiatric Center, including its forensic unit. The law replaces former licensing laws and repeals Title 16, Chapter 22 and sections 5181–5186. Sections 1–5 take effect immediately, but implementation begins two years after enactment or upon the Director’s notice of final regulations, whichever comes first.
Providers face conduct rules and crimes
Providers and their executives, administrators, and staff cannot endanger clients, violate applicable laws or corrective plans, make material false statements, or tamper with investigation evidence. Deceptive, misleading, intimidating, or pressuring advertising and solicitation are banned, including advertising or solicitation within 500 feet of another provider’s facility. Unlicensed treatment that recklessly causes physical injury is a class F felony. Unlicensed treatment that recklessly creates a substantial risk of physical injury is a class G felony. Intentional unauthorized treatment, program operation or attempted operation, and false claims of authorization are class A misdemeanors.
Client incidents trigger coordinated state investigations
The Division must review incident reports and conduct or arrange investigations when its procedures require them. It must notify the provider within 10 days after deciding whether a report is substantiated. Confirmed reports can lead to discipline, a corrective plan, or no further action. Credible reports of suspected crimes require immediate notice to law enforcement and the Attorney General, followed by investigation or required referral steps. Investigators must provide written reports, and the Attorney General must update the Division when a prosecution begins. Findings of abuse, exploitation, neglect, or serious injury require professional-discipline referrals for Title 24 licensees and Adult Abuse Registry referrals subject to registry law. Records kept under these incident and suspected-crime investigation rules are not public records.
Behavioral health providers face licensing fees
Behavioral health providers generally need a Division license to offer treatment, run programs, or claim authorization. Exemptions cover private practitioners, certain children-only programs, incidental professional treatment, nonclinical support, state programs, and designated integrated care. The Director can grant additional exemptions when they are not expected to endanger clients. Applications require sworn information, required documents, and fees; licenses cannot be transferred. The Division must approve qualifying applications unless listed refusal grounds apply, such as prior noncompliance, revocation, or knowing material false statements. A timely renewal keeps the existing license valid while the Division decides. The Division can set licensing, inspection, and monitoring fees that reasonably reflect its costs; collections fund its work.
Providers face audits and closure notices
Providers must allow Division audits without advance notice, including access to facilities, records, administrators, executives, staff, and clients. After written notice, requested financial statements are due within 15 days and an audited financial report within 60 days. Records maintained under these audit rules are not public records. Providers must notify the Division 90 days before service interruptions or program closures. In a genuine emergency, notice is due as soon as practical instead. Organizations and specified personnel must also report known or reasonably suspected insolvency or imminent insolvency.
Providers face fines with appeal rights
Provider organizations violating Chapter 56 can face civil fines up to $10,000 per violation, plus costs. The Division can require provider-paid monitoring, stop new admissions, suspend or revoke licenses, or refuse licensing applications. Collected fines fund Division work; unpaid fines can be added to license fees or pursued in Superior Court after appeals end. If provider conduct creates an imminent risk of substantial client harm, the Secretary can temporarily transfer program management to a qualified entity. The Department sets the transfer’s monitoring terms and timeframe. Except in genuine emergencies, providers receive advance written notice and an opportunity for a departmental hearing. Providers must seek Superior Court review of a final order within 30 days; review uses the existing record. A court can pause an order only after finding substantial issues and facts and a need to prevent irreparable harm.
Sponsors & Cosponsors
Sponsor
Marie Pinkney
Democratic • Senate
Cosponsors
Nnamdi O. Chukwuocha
Democratic • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
SS 1 for SB 161 - Signed by Governor
8/31/2026GovernorSS 1 for SB 161 - Passed By House. Votes: 38 YES 2 NO 1 ABSENT
6/23/2026HouseSS 1 for SB 161 - Reported Out of Committee (Health & Human Development) in House with 9 On Its Merits
6/17/2026HouseSS 1 for SB 161 - Assigned to Health & Human Development Committee in House
6/4/2026HouseSS 1 for SB 161 - Passed By Senate. Votes: 20 YES 1 ABSENT
5/21/2026SenateSS 1 for SB 161 - Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 1 On Its Merits
5/13/2026SenateSubstituted in Senate by SS 1 for SB 161
4/30/2026SenateIntroduced and Assigned to Health & Social Services Committee in Senate
5/21/2025Senate
Bill Text
Current
5/21/2025
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