DelawareSS 1 for SB 161153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 5 benefits, 2 costs, 2 mixed.

Stronger rights for behavioral health clients

Clients have rights to safety, privacy, clear treatment information, and complaints without retaliation, regardless of their provider’s licensing status. They can refuse treatment unless the law authorizes or requires it. Providers must offer language and communication help, review written treatment plans, and explain rights, fees, rules, and privacy at admission or on request. Residential clients also have rights involving private communication, visitors, belongings, money, activities, religion, and voting help. Providers cannot require rights waivers; allowed limits must be documented, justified, and kept as short as necessary. Clients, authorized representatives, the Attorney General, and the protection and advocacy system can seek court orders enforcing these rights.

More protection for behavioral health whistleblowers

Providers, executives, and administrators cannot punish employees for reporting to the Division or the protection and advocacy system. Protection also covers cooperation with a protection and advocacy investigation. Violations carry fines up to $25,000, and employees can recover three times their damages, costs, and attorney fees. Good-faith incident reporters using reasonable care also receive protection from specified discipline, adverse actions, criminal liability, and lawsuits. That protection excludes reporters responsible for specified client abuse or injury, or harm caused by unreasonable care or serious misconduct. These protections start upon the Director’s notice of final implementing regulations or two years after enactment, whichever comes first.

Clearer investigations of behavioral health harm

The Division reviews incident reports and investigates, or arranges another state investigation, when required by its procedures. It must notify providers in writing within 10 days after deciding whether a report is confirmed. 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 and case-update procedures. The Division can defer its incident decision pending Attorney General guidance. Findings of abuse, exploitation, neglect, or serious injury by licensed professionals require referrals for professional discipline. Confirmed misconduct also requires referral for possible Adult Abuse Registry entry under that registry’s legal requirements.

Delaware centralizes adult behavioral health oversight

The law places adult behavioral health prevention, care, treatment, and recovery oversight in the Division of Substance Abuse and Mental Health. Its duties include setting standards, licensing and monitoring providers, investigating complaints, offering education and training, and overseeing federal grants. It also operates the Delaware Psychiatric Center and its forensic psychiatric unit. Most operational rules, including licensing, client rights, audits, and incident procedures, start upon the Director’s notice of final implementing regulations or two years after enactment, whichever comes first. On that same schedule, the law repeals Title 16 Chapter 22 and Sections 5181–5186. The supplied provisions do not explain the former rules or establish separate effects from those repeals.

Stronger incident safeguards for behavioral health clients

Staff must first protect clients, then immediately report witnessed or reasonably suspected incidents unless they reasonably believe another staff member reported them. Special procedures apply to suspected crimes, and staff must contact law enforcement as soon as possible. Incidents include abuse, death, neglect, exploitation, restrictive interventions, serious injury, specified emergencies, and residential utility outages lasting more than 8 hours. A competent adult with decision-making capacity leaving against medical advice or voluntarily before treatment is not counted as an elopement. Unless the client refuses, staff must help suspected sexual-assault victims obtain an examination from a qualified sexual assault nurse examiner. The Division must maintain online reporting, offer provider training, and notify the protection and advocacy system within 72 hours of receiving a client death report. Death notices must follow confidentiality laws; staff reports to the advocacy system do not replace required Division reports.

Providers must disclose finances and closures

The Division can audit providers and demand access to leaders, staff, clients, facilities, and records without advance notice. After written notice, providers must submit financial statements within 15 days and an audited financial report within 60 days. Audit records are not public records. Providers must give 90 days’ notice before closing programs or interrupting services; genuine emergencies require notice as soon as practicable. Providers and their executives, administrators, or staff must report known or reasonably suspected insolvency or an imminent risk of insolvency.

Tougher penalties for behavioral health violations

Provider organizations face fines up to $10,000 per violation, plus costs; collections support the Division’s work under the law. Unpaid fines can be added to license fees or collected in court after appeals are exhausted. The Division can require provider-paid monitoring, stop admissions, deny licenses, or suspend or revoke them. The Department can seek court orders stopping unsafe activities; imminent risk of substantial harm permits emergency relief or temporary management transfer. Providers and staff cannot endanger clients, break applicable laws or corrective plans, make specified false statements, or tamper with evidence. Deceptive or coercive advertising is banned, as are ads or solicitations within 500 feet of another provider’s facility. Staff reporting violations carry fines up to $1,000 each; intentional failure to report critical incidents or intentional false reporting carries class A misdemeanors. Those incident-reporting penalties start upon the Director’s notice of final implementing regulations or two years after enactment, whichever comes first.

Client record access and oversight sharing

Providers must keep clinical records, and clients or their representatives can request them. A treating practitioner can deny direct access when release would harm the client’s health or treatment progress. After denial, clients can request review by another licensed practitioner with an equivalent scope of practice, who can allow safe disclosure. The Division of Substance Abuse and Mental Health can receive protected health information without consent for audits, investigations, or surveys of licensed programs. Its HIPAA oversight designation takes effect immediately. Incident, investigation, and referral records remain confidential and outside public records; public trend reports must not identify individuals.

New licensing rules for behavioral health providers

Behavioral health providers need state authorization unless exempt, including private practitioners, child-only programs, and professionals providing incidental treatment. The Director can grant specified additional exemptions when client safety is not endangered, including some nonclinical support and prevention programs. Initial and renewal applicants must submit sworn forms, required documents, and fees set by regulation to reflect Division costs. Compliant applicants receive licenses unless refusal grounds apply, such as past noncompliance, revocation, or knowingly false material statements. Licenses cannot be transferred, but timely renewal applications keep them valid during review; the Division must maintain an electronic licensing system. Intentional unauthorized practice or false claims of authorization carry class A misdemeanors. Specified reckless licensing violations carry class G felonies for creating injury risk and class F felonies for causing physical injury.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Nnamdi O. Chukwuocha
Democratic • House
Krista Griffith
Democratic • House
Larry Lambert
Democratic • House
DeShanna U Neal
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 58 • No: 2

House vote • 6/23/2026

Passed (2/3 required)

Yes: 38 • No: 2

Senate vote • 5/21/2026