# Delaware SB 161: AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. Delaware SB 161, AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH., is a 153rd General Assembly (2024–2026) Senate bill sponsored by Marie Pinkney (Democratic); status failed, last action 2026-08-31 (SS 1 for SB 161 - Signed by Governor); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/DE-SB161-153 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware SB 161 - State: Delaware - Session: 153rd General Assembly (2024–2026) - Title: AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. - Status: failed - Chamber: Senate - Introduced: 2025-05-21 - Last action: 2026-08-31, SS 1 for SB 161 - Signed by Governor - Sponsor: Marie Pinkney (Democratic) - Cosponsors: 1 - Touches household money: yes - Economic provisions PRIA read: 12 ## Summary No summary available. ## Bill overview: provisions PRIA read - Clients get clearer care and disclosures: benefit, medium. 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 receiv… - Behavioral health reporters gain job protections: benefit, medium. 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. P… - Clients gain ways to enforce rights: benefit, low. 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 represe… - Delaware centralizes behavioral health oversight: benefit, low. 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 manag… - Providers face conduct rules and crimes: cost, low. 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, includin… - Behavioral health clients gain protected rights: mixed, medium. 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 als… - Clients gain record access with limits: mixed, medium. 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 practi… - Staff must report and protect clients: mixed, medium. 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… - Client incidents trigger coordinated state investigations: mixed, low. 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… - Behavioral health providers face licensing fees: mixed, low. 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… - Providers face audits and closure notices: mixed, low. 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… - Providers face fines with appeal rights: mixed, low. 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 add… ## Sponsors and cosponsors - Sponsor: Marie Pinkney (Democratic), Senate - Cosponsor: Nnamdi O. Chukwuocha (Democratic), House ## Actions (8) - 2026-08-31: SS 1 for SB 161 - Signed by Governor (Governor) - 2026-06-23: SS 1 for SB 161 - Passed By House. Votes: 38 YES 2 NO 1 ABSENT (House) - 2026-06-17: SS 1 for SB 161 - Reported Out of Committee (Health & Human Development) in House with 9 On Its Merits (House) - 2026-06-04: SS 1 for SB 161 - Assigned to Health & Human Development Committee in House (House) - 2026-05-21: SS 1 for SB 161 - Passed By Senate. Votes: 20 YES 1 ABSENT (Senate) - 2026-05-13: SS 1 for SB 161 - Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 1 On Its Merits (Senate) - 2026-04-30: Substituted in Senate by SS 1 for SB 161 (Senate) - 2025-05-21: Introduced and Assigned to Health & Social Services Committee in Senate (Senate) ## Bill text - Current, 2025-05-21: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142374&legislationTypeId=1&docTypeId=2) ## Related bills - HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house) - HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed) - SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed) - HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed) - SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed) ## Sources - [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142374&legislationTypeId=1&docTypeId=2) ## Related - [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153) - [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153) - [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153) - [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153) - [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153) - [Delaware bills](https://policyrisk.com/states/delaware/bills) - [Delaware state hub](https://policyrisk.com/states/delaware) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/DE-SB161-153 (as of 2026-10-12).