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DE SB161
Bill
Status
5/21/2025
Primary Sponsor
Marie Pinkney
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AI Summary
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Requires behavioral health treatment provider organizations to obtain licenses from the Division of Substance Abuse and Mental Health to operate programs, with exemptions for private practitioners, children's programs, and certain State-operated or prevention services
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Establishes criminal penalties (class A misdemeanor to class F felony) for providing unlicensed treatment services that cause injury, and civil penalties up to $10,000 per violation for non-compliance with licensing requirements
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Creates comprehensive client rights including freedom from abuse, neglect, and exploitation; informed consent for treatment; individualized treatment plans; privacy; and grievance procedures, with additional rights for residential clients such as communication access and voting assistance
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Mandates staff reporting of incidents involving abuse, death, exploitation, neglect, or serious injury to the Division, with criminal penalties for intentional failure to report and protections for good-faith reporters against retaliation
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Takes effect either 2 years after enactment or upon the Division publishing notice that final implementing regulations have been adopted, whichever occurs first
Legislative Description
An Act To Amend Titles 16 And 29 Of The Delaware Code Relating To Behavioral Health.
Last Action
Introduced and Assigned to Health & Social Services Committee in Senate
5/21/2025