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DelawareSB 216153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO A RESPIRATORY CARE INTERSTATE COMPACT.

Sponsored By: Eric Buckson (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 0 costs, 6 mixed.

Therapists get transition time when states leave

A state can leave by repealing the Compact; withdrawal takes effect 180 days after enactment, with required reporting continuing until then. A majority of Commissioners can end a state's membership after an uncured default and exhaustion of other compliance measures. Withdrawal or termination ends Compact access in that state, but the state remains responsible for prior obligations and liabilities. The state must recognize Compact licenses for at least 180 days after notifying affected licensees and privilege holders.

Interstate practice fees for respiratory therapists

The Commission can charge therapists who receive Compact practice privileges, and member states can charge grant and renewal fees. The Commission cannot charge active-duty service members or their spouses for a Compact privilege; remote states can reduce or waive fees. The Commission can also collect annual state assessments to support operations and staff. Total annual assessments are divided among member states using a formula set by Commission rule. The law does not set fee or assessment amounts.

Therapist discipline gains safeguards and cost recovery

Member states can discipline licenses they issue; remote states can restrict a therapist's Compact practice privilege within their borders. States can investigate jointly and must share significant investigation information while following their own procedures. States can recover investigation and case costs from therapists when state law permits. A state cannot discipline a therapist for conduct legal where and when it happened. Participation in alternative treatment or monitoring programs can remain nonpublic when state law requires.

Therapist records shared with privacy protections

The Commission must maintain a shared system for licensing, disciplinary action, and significant investigation records. Member states must submit required records, report disciplinary actions, and monitor the system for actions against their licensees. Criminal history records cannot go into the system, and significant investigation details are available only to member states. A contributing state can block public access to its information unless it gives express permission. Records later expunged under federal law or the contributing state's law must be removed.

Legal protections for licensing Commission workers

Member states and covered Commission personnel receive immunity from civil claims for actions within their Compact duties. Coverage also applies when an action is reasonably believed to fall within those duties. The Commission must defend covered personnel and pay qualifying settlements or judgments on their behalf. These protections do not cover intentional, willful, or wanton misconduct. People bringing covered claims have less ability to recover damages.

Shared licensing rules for respiratory therapists

The law creates a shared licensing Commission for respiratory therapists in states that join the Compact. The Compact takes effect when the seventh state enacts it, and the Commission begins on or after that date. Commission rules have the force of law for Compact matters. The Compact replaces conflicting state requirements only where they conflict, including state laws passed later.

Sponsors & Cosponsors

Sponsor

  • Eric Buckson

    Republican • Senate

Cosponsors

  • Alonna Berry

    Democratic • House

  • William J. Carson

    Democratic • House

  • Kerri Evelyn Harris

    Democratic • House

  • Kyra L. Hoffner

    Democratic • Senate

  • Russell Huxtable

    Democratic • Senate

  • S. Elizabeth Lockman

    Democratic • Senate

  • Brian Pettyjohn

    Republican • Senate

  • Bryant L. Richardson

    Republican • Senate

  • David L. Wilson

    Republican • Senate

  • Lyndon D. Yearick

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 60 • No: 0

House vote • 5/21/2026

Passed (2/3 required)

Yes: 39 • No: 0

Senate vote • 4/23/2026

Passed (SM required)

Yes: 21 • No: 0

Actions Timeline

  1. Signed by Governor

    6/10/2026Governor

  2. Passed By House. Votes: 39 YES 2 ABSENT

    5/21/2026House

  3. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 On Its Merits

    5/19/2026House

  4. Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

    4/30/2026House

  5. Passed By Senate. Votes: 21 YES

    4/23/2026Senate

  6. Amendment SA 1 to SB 216 - Passed By Senate. Votes: 21 YES

    4/23/2026Senate

  7. Amendment SA 1 to SB 216 - Introduced and Placed With Bill

    4/23/2026Senate

  8. Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 3 Favorable

    3/25/2026Senate

  9. Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

    1/28/2026Senate

Bill Text

  • Current

    1/28/2026

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