Sen. Nicole Poore

This Act will amend the Delaware Code relating to the powers of the Delaware Higher Education Office and the state authorization of private postsecondary institutions. The intent of the Act is to increase consumer protections for students enrolled in private postsecondary institutions as it relates to student loans, distance education, and predatory practices. The Act will also clarify the current functions of the Delaware Higher Education Office relating to student support for transitions into postsecondary education and execution of state financial aid programs through the elimination of functions that are no longer under the purview of the Delaware Higher Education Office. This Act establishes responsibilities for certain postsecondary institutions, private schools, and trade schools prior to ceasing operation. This Act changes the penalty for an individual violating chapter 85 from a fine not to exceed $500 to a fine of a minimum of $500 for each offense and changes the penalty for a person violating chapter 85 from a fine not to exceed $1,000 to a fine of a minimum of $1000 for each offense. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.

This Act is an interstate compact called the Multistate Professional Counselor Licensure Compact, and it facilitates the interstate practice of licensed professional counseling. The Counseling Compact allows a counselor who is licensed in their home state and has not had any encumbrances on their license within the last 2 years to obtain the ability to practice counseling in other states participating in the Compact if the counselor satisfies the requirements, including completion of a criminal background check. A counselor must comply with the rules of any state in which they are practicing. Any state in which the counselor practices has the authority to remove the counselor's ability to practice in their state for a specific period of time, impose fines, and take other actions necessary to protect the health and safety of its citizens. If the counselor's home state license becomes encumbered, the counselor will lose the ability to practice interstate under the Compact until their home state license is no longer encumbered and at least 2 years have passed. Additionally, the Compact establishes protections, including data sharing requirements between participating states to enhance the exchange of licensure, investigative, and disciplinary information among participating states. The Compact establishes a commission to administer the Compact, and establishes that each participating state will have one delegate that serves on the Commission. The Compact also has a special provision to make it easier for active duty military personnel or their spouses who are counselors to practice counseling despite frequent moves. Counselors do not have to participate in the Compact to practice; counselors may choose to only apply for their state's license or to apply for licenses in other states without going through the Compact. The Counseling Compact must be enacted in 10 states to become effective. As of March 26, 2022, the Counseling Compact has been enacted in 6 states. The Compact is pending in 16 other states.

By this Act, Delaware would join the Audiology and Speech-Language Pathology Interstate Compact (the “Compact”). The Compact is an interstate compact, or a formal agreement among states, to facilitate the interstate practice of audiology and speech language pathology. Under the Compact, audiologists and speech-language pathologists (collectively, “practitioners”) who are licensed and in good standing in a Compact member state may practice in any other Compact member states via a “compact privilege,” which is equivalent to a license. This will remove the need for practitioners to get an individual license in each state where they want to practice. The Compact is the same in form and function as other occupational licensure compacts such as the Nurse Multistate Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 19A), the Physical Therapy Compact (adopted by Delaware, 24 Del. C. Ch. 26C) and the Interstate Medical Licensure Compact (adopted by Delaware, 24 Del. C. Ch. 17A). The Compact authorizes in-person practice and telepractice based on a valid, unrestricted home state license in Compact member states. The Compact has been adopted by 17 states: Alabama, Colorado, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, Utah, West Virginia, and Wyoming. The Compact is pending before the legislatures of 9 other states. The Compact establishes a licensure data system allowing for instantaneous verification of licensure information. The Compact also establishes an interstate commission, composed of member state officials, to carry out the Compact’s purposes.

This bill changes the definition of and class of felony for the crime of Strangulation from a class C felony to a Class D felony unless additional factors are present, then the crime elevates to a class B felony, punishable from 2-25 years in jail. This bill also adds the crime of suffocation.

This bill amends Chapter 33, Title 18 of the Delaware Code by adding a new § 3370E to require coverage of an annual behavioral health well check. This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571Z to require coverage of an annual behavioral health well check. This bill also amends Chapter 5, Title 31 of the Delaware Code by adding a new § 530 to require coverage of an annual behavioral health well check. This bill also amends Chapter 52, Title 29 of the Delaware Code by adding a new § 5215 to require coverage of an annual behavioral health well check. Finally, the bill creates an advisory committee of health professionals tasked with creating recommendations for implementation of the Act. The requirement for coverage of the behavioral health well check is effective January 1, 2023.

This Act establishes a mental health services unit for Delaware middle schools. The unit is phased in over 3 years, beginning in FY2023, to arrive at a final ratio of 250 full-time equivalent students grades 6-8 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades 6-8 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for middle school students.

A 2017 survey of Delaware high school students found that during the 12 months before the survey the following occurred: (1) 27.6% of the students felt sad or hopeless almost every day for 2 weeks in a row so that they stopped some usual activities. (2) 16.1% of students seriously considered attempting suicide. (3) 12% of students made a plan about how they would attempt suicide. (4) 7.2% of students attempted suicide. This Act increases student awareness of mental health by requiring the Department of Education, with the approval of the State Board of Education, to establish and implement statewide mental health educational programs for each grade, kindergarten through grade 12, in each school district and charter school in this State. Finally, this Act requires the Department of Education to annually report to the Governor and General Assembly regarding the implementation of this Act.

This Act updates the mandatory reporting requirements for Delaware physicians with anxiety, depression, and other mental health challenges. These changes are necessary to ensure that physicians are able to seek treatment without undue stigma or fear of loss of medical licensure. The recommended changes to the statutory reporting requirements are aligned with national best practices recommendations of leading experts including the Joint Commission on Healthcare Accreditation and the Federation of State Medical Boards. The mandatory reporting changes in this Act are also aligned with the language of the current Delaware application for medical licensure, which appears to be more aligned with best practices and compliance with the requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990). These changes are designed to appropriately balance the need to continue to maintain proper safeguards for patients in accessing safe, high quality health care services without causing undue stigma and negative licensure consequences for physicians. Finally, this Act deletes language in § 1731(c) of Title 24 of the Delaware Code that references the other professions or occupations regulated under Chapter 17 of Title 24 because these professions or occupations have their own requirements in other provisions of Chapter 17.

This Act requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends. Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality. Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.

This bill establishes voting by mail under the General Assembly’s broad powers under § 1, Article V of the Delaware Constitution to “prescribe the means, methods and instruments of voting”.