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PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

36 sections·Filtered byTitle 16✕Ch 56✕

16 Del. C. § 5601. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].
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§ 5601. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12]. As used in this chapter: (1) “Behavioral health condition” means a diagnosable disorder of sufficient duration to meet the diagnostic criteria within the most recent edition of the Diagnostic a…
16 Del. C. § 5602. License required; exceptions [For application of this section, see 85 Del. Laws, c. 461, § 12].
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§ 5602. License required; exceptions [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) All of the following are exempt from the requirements of this section: (1) A licensed practitioner in private practice. (2) A provider organization or program exclusively s…
16 Del. C. § 5603. Criminal penalties; class F or G felony; class A misdemeanor [For application of this section, see 85 Del. Laws, c. 461, § 12].
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§ 5603. Criminal penalties; class F or G felony; class A misdemeanor [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) It is unlawful to recklessly cause physical injury to another person by providing treatment services in violation of § 5602 of this title. V…
16 Del. C. § 5604. Prohibited practices [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5604. Prohibited practices [For application of this section, see 85 Del. Laws, c. 461, § 12]. A provider organization or the provider organization’s executive, administrator, or staff may not do any of the following: (1) Violate federal, State, or local laws or regulations. (2)…

16 Del. C. § 5605. Audits [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5605. Audits [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The Division may audit a provider organization. (b) Upon the Division’s request and without notice, a provider organization shall grant the Division access to the provider organization’s adminis…

16 Del. C. § 5606. Penalties [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5606. Penalties [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The Division may impose a civil money penalty of no more than $10,000 per violation in addition to costs on a provider organization that refuses, fails, or neglects to comply with this chapte…

16 Del. C. § 5607. Required notifications [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5607. Required notifications [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except in a bona fide emergency, a provider organization shall notify the Division 90 days before an interruption in services or closure of a program. In a bona fide emergency, t…

16 Del. C. § 5608. Fees [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5608. Fees [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The Division may establish licensing fees through regulation. (b) The fee amount established under subsection (a) of this section must approximate and reasonably reflect the costs necessary to def…

16 Del. C. § 5609. Regulations [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5609. Regulations [For application of this section, see 85 Del. Laws, c. 461, § 12]. The Division may adopt regulations to implement this chapter, including the process the Director may employ when considering exemptions for organizations and programs referenced under § 5602 of…

16 Del. C. § 5611. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5611. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12]. As used in this subchapter: (1) “Application” means a provider organization’s initial licensure or renewal application. (2) “License” means a license or certification issued by the Division, in…

16 Del. C. § 5612. License applications [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5612. License applications [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A provider organization may apply to the Division for a license. (b) An application must be made under oath using the Division’s form. (c) An application must include documentation…

16 Del. C. § 5613. Licensing determinations [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5613. Licensing determinations [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except as otherwise provided in subsection (b) of this section, the Division shall approve an application made according to the requirements of this chapter and issue a license…

16 Del. C. § 5614. License terms, expiration, and transfer [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5614. License terms, expiration, and transfer [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Subject to this chapter, the Division shall set the license term. (b) If a provider organization applies to renew the provider organization’s license before it e…

16 Del. C. § 5615. Records [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5615. Records [For application of this section, see 85 Del. Laws, c. 461, § 12]. The Division shall establish, operate, and maintain an electronic system for submitting, maintaining, and storing information under this subchapter. 85 Del. Laws, c. 461, § 2;

16 Del. C. § 5621. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5621. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12]. As used in this subchapter, “disciplinary action” means the Division’s imposition of a penalty under § 5606 of this title or refusal to issue a license under § 5613(b) of this title.85 Del. Law…

16 Del. C. § 5622. Disciplinary action effective date [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5622. Disciplinary action effective date [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except as otherwise provided in subsection (b) of this section, a disciplinary action is effective immediately after any of the following occurs: (1) The provider org…

16 Del. C. § 5623. Notice; request for an appeal hearing; hearing notice [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5623. Notice; request for an appeal hearing; hearing notice [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The Division shall notify a provider organization in writing at least 10 days before taking disciplinary action. The notice must list the violation…

16 Del. C. § 5624. Hearing officer; burden of proof; records [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5624. Hearing officer; burden of proof; records [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The Secretary shall appoint a hearing officer to conduct the hearing. (b) A hearing officer may do any of the following: (1) Issue subpoenas for witnesses and …

16 Del. C. § 5625. Decision; draft order; final order [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5625. Decision; draft order; final order [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) After the hearing, a hearing officer shall decide based on the record. The hearing officer’s decision takes immediate effect. (b) The hearing officer shall issue a wr…

16 Del. C. § 5626. Judicial review [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5626. Judicial review [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A provider organization may appeal a final order under § 5625 of this title to the Superior Court by filing a petition for judicial review with the Court no more than 30 days after the …

16 Del. C. § 5631. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5631. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12]. As used in this subchapter: (1) “Abuse” means any of the following: a. Willful use of offensive, abusive, or demeaning language causing mental anguish. b. Knowing, reckless, or intentional acts…

16 Del. C. § 5632. General provisions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5632. General provisions [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The rights enumerated in this subchapter are in addition to and not a derogation of other constitutional, statutory, or regulatory rights. (b) A client is entitled to assert the clie…

16 Del. C. § 5633. Client rights [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5633. Client rights [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A client is entitled to be free from abuse, exploitation, neglect, and serious injury. (b) A client is entitled to treatment in a safe, skillful, and humane manner that respects the clien…

16 Del. C. § 5634. Provider duties [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5634. Provider duties [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A provider organization shall treat a client with courtesy and respect for the client’s dignity and individuality. (b) When providing information to a client, a provider organization sh…

16 Del. C. § 5635. Clinical records [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5635. Clinical records [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A provider organization shall maintain a clinical record for a client. (b) The Division shall adopt minimum regulations for the content and maintenance of clinical records. (c) Except …

16 Del. C. § 5636. Denial of access to clinical records [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5636. Denial of access to clinical records [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except as provided under subsection (b) of this section, if a client’s treating practitioner clinically determines that releasing a client’s clinical record to the …

16 Del. C. § 5637. Enforcement of rights; jurisdiction [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5637. Enforcement of rights; jurisdiction [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) A client, the client’s authorized representative, the Attorney General, or the protection and advocacy system may enforce the rights established under this subchapte…

16 Del. C. § 5641. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5641. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12]. As used in this subchapter: (1) “Abuse” means as defined in § 5631 of this title. (2) “Critical incident” means an actual or alleged event resulting in the abuse, death, exploitation, neglect, …

16 Del. C. § 5642. Duty to report; reporting [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5642. Duty to report; reporting [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except as otherwise provided in subsection (b) of this section, whenever a staff member witnesses an incident or reasonably believes an incident has occurred, the staff member…

16 Del. C. § 5643. Incident reporting [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5643. Incident reporting [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Subject to this chapter, the Division may promulgate regulations related to making reports and the notification, investigation, and resolution of incidents. (b) The Division shall de…

16 Del. C. § 5644. Violations; class A misdemeanor; jurisdiction; immunity [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5644. Violations; class A misdemeanor; jurisdiction; immunity [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) It is unlawful for a staff member to intentionally fail to report a critical incident as required under § 5642 of this title. Violation of this s…

16 Del. C. § 5645. Investigations; determination [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5645. Investigations; determination [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Except as otherwise provided in § 5646 of this title, after receiving a report, the Division shall determine, employing standard operating procedures adopted by the Divisi…

16 Del. C. § 5646. Notifications and investigations of reports involving alleged criminal conduct [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5646. Notifications and investigations of reports involving alleged criminal conduct [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Whenever the Division receives a credible report involving conduct that a reasonable person would suspect is a crime, the …

16 Del. C. § 5647. Required notifications to the Division of Professional Regulation; referrals to the Adult Abuse Registry [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5647. Required notifications to the Division of Professional Regulation; referrals to the Adult Abuse Registry [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Whenever the Division determines that an individual holding a license or certification under Tit…

16 Del. C. § 5648. The protection and advocacy system [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5648. The protection and advocacy system [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) The purpose of the protection and advocacy system is to complement the Division’s role in promoting the health, safety, and well-being of clients through advocacy, in…

16 Del. C. § 5649. Confidentiality; public reporting; aggregate information [For application of this section, see 85 Del. Laws, c. 461, § 12].

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§ 5649. Confidentiality; public reporting; aggregate information [For application of this section, see 85 Del. Laws, c. 461, § 12]. (a) Records created or maintained under this subchapter relating to incident reports, investigations, or referrals are not “public records” as defin…