# Delaware SS 1 for SB 161: AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. Delaware SS 1 for 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 signed, last action 2026-08-31 (Signed by Governor) (as of 2026-10-19). - Canonical: https://policyrisk.com/state-bill/DE-SS1FORSB161-153 - As of: 2026-10-19 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware SS 1 for 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: signed - Chamber: Senate - Introduced: 2026-04-30 - Last action: 2026-08-31, Signed by Governor - Sponsor: Marie Pinkney (Democratic) - Cosponsors: 4 - Touches household money: no - Roll calls: 2 (58 yes, 2 no in all) - Economic provisions PRIA read: 9 ## Summary No summary available. ## Bill overview: provisions PRIA read - Stronger rights for behavioral health clients: benefit, medium. 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 treatmen… - More protection for behavioral health whistleblowers: benefit, medium. 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 d… - Clearer investigations of behavioral health harm: benefit, low. 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 furth… - Delaware centralizes adult behavioral health oversight: benefit, low. 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 federa… - Stronger incident safeguards for behavioral health clients: benefit, low. 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,… - Providers must disclose finances and closures: cost, low. 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. Provid… - Tougher penalties for behavioral health violations: cost, low. 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 lic… - Client record access and oversight sharing: mixed, low. 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… - New licensing rules for behavioral health providers: mixed, low. 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… ## Sponsors and cosponsors - Sponsor: Marie Pinkney (Democratic), Senate - Cosponsor: Nnamdi O. Chukwuocha (Democratic), House - Cosponsor: Krista Griffith (Democratic), House - Cosponsor: Larry Lambert (Democratic), House - Cosponsor: DeShanna U Neal (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-06-23 | House | Passed (2/3 required) | pass | 38 | 2 | | | 2026-05-21 | Senate | Passed (2/3 required) | pass | 20 | 0 | | ## Actions (7) - 2026-08-31: Signed by Governor (Governor) - 2026-06-23: Passed By House. Votes: 38 YES 2 NO 1 ABSENT (House) - 2026-06-17: Reported Out of Committee (Health & Human Development) in House with 9 On Its Merits (House) - 2026-06-04: Assigned to Health & Human Development Committee in House (House) - 2026-05-21: Passed By Senate. Votes: 20 YES 1 ABSENT (Senate) - 2026-05-13: Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 1 On Its Merits (Senate) - 2026-04-30: Adopted in lieu of the original bill SB 161, and Assigned to Health & Social Services Committee in Senate (Senate) ## Bill text - Current, 2026-04-30: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143190&legislationTypeId=6&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 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - 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) - 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=143190&legislationTypeId=6&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 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [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) - [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-SS1FORSB161-153 (as of 2026-10-19).