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Delaware Healthcare Industry 2013 Legislative Roundup

Posted In Health Care
Now that the dust has settled on the Delaware General Assembly Session that ends in June 2013, here is the short list of the major legislation that will impact the Delaware healthcare industry going forward. Everyone regulated by Delaware’s Division of Professional Regulation: Division of Professional Regulation can issue “instant tickets” to persons engaging in various forms of unlicensed professional practice (HB90): occupational therapists; dental hygienists; podiatrists; nurses.


  • Out of state physicians can treat sports team members when traveling with the team in Delaware (SB46)


  • New anti-kickback rule (HB141)
  • Reciprocity in licensing for those who became licensed in other jurisdictions prior to exam requirements (SB 1141, SA3)

Respiratory Therapists:

  • No Delaware license now required to travel through state with patient (HB 88)


  • Required register psudophedrine and ephanedrine buyers on the “NPLEX” system (HB130)
  • Now allowed to sell hypodermic needles and syringes without prescription (a great boon to diabetics and their families) (HB 73)


  • A gift to cost-effective dental care for the poor and uninsured, provisional licenses now available prior to administration of practical exam (SB)


  • Licenses can now go on inactive status (SB87); regulations supposedly coming


  • New requirements for chaperoning minors during treatment (SB 114/WSA3)

Hospice Programs:

  • New protocols for disposing of unused medication will be forthcoming by regulation (SB 119/SA1)

All of these new rules may have varying effective dates, so seek further information before adjusting existing policies and practices or setting deadlines for the same.

Authors: A. Kimberly Hoffman, Esq. chairs the Healthcare Industry Team and is a member of the firm’s Real Estate and Land Use Practices at Morris James LLPCleon L. Cauley, Sr. is a member of the firm's Real Estate and Land Use Practices at Morris James LLP.



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