Sen. Nicole Poore

This Act incorporates changes made by HS1 for HB204, which was passed by both chambers during the 151st General Assembly, but never enacted into law. It removes the exemption for private schools and youth camps that allows them to use a name-based, rather than a fingerprint-based, background check or choose not to do background checks at all for employees, contractors and volunteers. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. The State Bureau of Identification is also required to provide subsequent criminal history information to the agency receiving background check information. Authority is given to the Department of Education to pay the costs of background checks for its employees. The Act also creates a new § 309A in Title 31, in response to a request from the federal government that the statutory authorization/requirement for private school background checks be separated from the statutory authorization for state and local government authorities. The Act also makes some technical and clarifying changes to existing statutory language. The Act takes effect on July 1, 2026 and child-serving entities and private schools must comply with the requirements by September 1, 2026. This Substitute differs from the original HB47 in that the effective date is in 2026 rather than 2025.

Maddy summaryThis bill amends Delaware law to give the Department of Public Health (DPH) authority to approve supervised clinical training for mental health providers at school-based health centers. It directly affects mental health professionals seeking training placements within school health centers. The key provision establishes DPH as the official body responsible for approving these training rotations. This creates a formal process for integrating mental health provider training into school settings without altering existing center operations.

This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met.

This Act updates the Board of Nursing’s enabling act to allow the Board to issue confidential letters of concern to licensees who have acted in manner warranting concern but have not violated the Board’s statute or regulations. The purpose of the letter of concern is to encourage the licensee to improve such practice. The bill further allows the Board to require any licensee who receives 3 or more letters of concern to appear before the Board for a hearing to assess the licensee’s competency, at which time the letters of concern would no longer be confidential.

This Legislation is the Delaware Pre-Authorization Reform Act of 2025. Section 1 of the Act applies to health Insurance Contracts regulated under Chapter 33 of Title 18. Section 1 provides that changes in utilization review terms for a health-care service, such as the clinical criteria used to conduct utilization reviews for a health-care service, will apply only upon re-authorization of the health-care service. Covered persons must be notified at least 6 months before any changes to utilization review terms, except in certain circumstances such as changes in clinical guideline status In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre- authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to make the determination of appeal; and requirements for any utilization review entity used to perform utilization review by an insurer, health-benefit plan, or health-service corporation. Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not submitted electronically, the utilization review entity must notify the health-care provider within 5 business days of receipt of the request; for requests submitted electronically, notification must be given within 3 business days of receipt. For requests for pre-authorization for urgent health-care services submitted electronically, notification must be given within 24 hours of receipt. By January 1, 2027, insurers, health-benefit plans, health-service corporations, and utilization review entities must accept and respond to electronic pre-authorization requests through the same platform as the electronic request was submitted. In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 90 days. Finally, Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-authorization is granted as to a health-care service that is part of a group of services for which a bundled payment is charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well. Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29 of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 4 of the Act provides that the Act will apply to health insurance policies, contracts, or certificates issued, modified, or renewed after December 31, 2026. Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 6 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2025."

This Act updates the Board of Dietetics/Nutrition enabling act, requiring applicants to obtain a minimum of a master’s degree to obtain a license. This change would make Delaware consistent with the Commission on Dietetic Registration (CDR), the credentialing agency of the American Dietetic Association. Beginning on January 1, 2024, CDR required a minimum of a master’s degree in order to become registered. Under the current law, holders of a CDR registration are considered to automatically meet the qualifications for licensure in Delaware, and applicants who are certified by the Board for Certification of Nutrition Specialists must also acquire a minimum of a master’s degree. This Act ensures Delaware is consistent with the current national standards for licensure and registration as a Dietitian or Nutritionist. Finally, the Act eliminates an outdated application provision. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act expands the definition of the “practice of dental hygiene” under Title 24 (Professions and Occupations) to include the administration of local anesthesia under the direct supervision of a licensed dentist and directs the State Board of Dentistry and Dental Hygiene (“Board”) to establish the necessary requirements and standards. Currently, Delaware is the only state in the nation that does not allow dental hygienists to administer local anesthesia. Delaware also suffers from a shortage of dental care providers, leaving many Delawareans unable to access timely, quality, affordable dental care. Administering local anesthesia is a task that properly trained dental hygienists can do safely, as shown by the experiences of every other state. Expanding dental hygienists’ scope of practice to allow them to administer local anesthesia under the direct supervision of a licensed dentist will enable them to provide a broader range of services to patients and take some of the burden off the state’s limited supply of dentists. Section 4 of this Act requires the Board to adopt regulations setting the requirements and standards to allow dental hygienists to administer local anesthesia under direct supervision of a licensed dentist no later than January 1, 2026. Section 5 of this Act provides that Sections 1 through 3 of this Act are effective on either January 1, 2026, or when the State Board of Dentistry and Dental Hygiene publishes final regulations implementing the Act, whichever is earlier. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania. This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers.

This Act provides that March 9 will be known as 6888th Central Postal Directory Battalion Day and will be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating such a day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other.

This Act establishes an animal abuse offender list which will be maintained by the Office of Animal Welfare. The list will be available to the public on the Office of Animal Welfare’s website. The list will contain information regarding adult individuals who are convicted of an animal abuse offense to assist the public and animal agencies in identifying individuals who present a risk to animal welfare. This Act prohibits animal shelters from approving pet adoptions to individuals who are on the animal abuse offender list.