Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 10 D · 1 R cosponsors

SB 74 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH RECORDS.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 19, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    15 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24: 1. Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19. 2. Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30: mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists. 3. Psychologists, Chapter 35. 4. Licensed Clinical Social Workers, Chapter 39. Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated. The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No. 105 (152nd). These requirements and procedures also apply when a patient or client requests copies of their records. Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics. Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.

Bill Text

What changed in the latest version

449 added · 62 removed

449 line(s) added, 62 removed.

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Hansen DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Hansen & Rep.
1 TO SENATE BILL NO.
Minor-Brown & Rep.
74 AMEND Senate Bill No.
K.
74 between lines 13 and 14 by inserting the following:
Williams Sens.
“c.
Hoffner, Pinkney, Sokola, Townsend, Walsh;
The date the APRN will discontinue services.”.
Reps.
FURTHER AMEND Senate Bill No.
Baumbach, Chukwuocha, Harris, Heffernan, K.
74 between lines 17 and 18 by inserting the following:
Johnson, Lambert, Longhurst DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
“(4) When an APRN is closing a medical practice and patient medical records will no longer be available at the APRN’s place of business, the APRN shall provide to the Board of Nursing notice of how former patients may obtain the patient’s records.”.
74 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH RECORDS.
FURTHER AMEND Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
74 between lines 31 and 32 by inserting the following:
Section 1.
“(3) The personal representative of the person’s estate shall provide the Board of Nursing notice of how former patients may obtain the patient’s records.”.
Amend Chapter 19, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
FURTHER AMEND Senate Bill No.
§ 1937.
74 on line 33 by deleting “new health-care provider or the patient.” and inserting in lieu thereof the following:
Treatment records;
“patient or the new health-care provider with the patient’s written consent.”.
discontinuation of a practice;
FURTHER AMEND Senate Bill No.
termination of a patient relationship;
74 between lines 97 and 98 by inserting the following:
death of an advanced practice registered nurse.
“c.
(a)(1) An APRN licensed under this chapter shall provide notice under this section to all affected patients no less than 30 days before doing any of the following:
The date the licensee will discontinue services.”.
a.
FURTHER AMEND Senate Bill No.
Discontinuing a medical practice in this State when the APRN is not transferring patient records to another health-care provider in this State.
74 between lines 101 and 102 by inserting the following:
b.
“(4) When a licensee is closing the licensee’s practice and client records will no longer be available at the licensee’s place of business, the licensee shall provide to the Board notice of how former clients may obtain the client’s records.”.
Terminating a patient relationship.
FURTHER AMEND Senate Bill No.
(2) The notice required under paragraph (a)(1) of this section must include all of the following:
74 between lines 115 and 116 by inserting the following:
a.
“(3) The personal representative of the person’s estate shall provide the Board notice of how former clients may obtain the client’s records.”.
How the patient can obtain the patient’s records.
FURTHER AMEND Senate Bill No.
b.
74 on line 117 by deleting “new provider or the client.” and inserting in lieu thereof the following:
The name, phone number, and address of other health-care providers in the area who may be available to accept new patients who require that medical care.
“client or the new provider with the client’s written consent.”.
(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:
a.
If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
b.
A letter sent by first class mail.
(b)(1) If an APRN dies and has not transferred patient records to another health-care provider and has not made provisions for a transfer of patient records to occur upon the APRN’s death, a personal representative of the APRN’s estate shall provide notice to the deceased APRN’s patients of record by doing all of the following:
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05/11/2023 01:12 PM FURTHER AMEND Senate Bill No.
04/18/2023 02:43 PM a.
74 between lines 182 and 183 by inserting the following:
Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased APRN practiced.
“c.
The notice must be published at least 1 time per month in the 3-month period after the APRN’s death.
The date the psychologist will discontinue services.”.
b.
FURTHER AMEND Senate Bill No.
Providing notice to all patients of record who have not requested records 30 days after publication of the first notice under paragraph (b)(1)a.
74 between lines 186 and 187 by inserting the following:
of this section by all of the following:
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“(4) When a psychologist is closing a psychology practice and patient records will no longer be available at the psychologist’s place of business, the psychologist shall provide to the Board notice of how former patients may obtain the patient’s records.”.
1.
FURTHER AMEND Senate Bill No.
If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
74 between lines 200 and 201 by inserting the following:
2.
“(3) The personal representative of the person’s estate shall provide the Board notice of how former patients may obtain the patient’s records.”.
A letter sent by first class mail.
FURTHER AMEND Senate Bill No.
(2) The notice required under paragraph (b)(1) of this section must include all of the following:
74 on line 202 by deleting “new provider or the patient.” and inserting in lieu thereof the following:
a.
“patient or the new provider with the patient’s written consent.”.
That the APRN has died.
FURTHER AMEND Senate Bill No.
b.
74 between lines 268 and 269 by inserting the following:
How the patient can obtain the patient’s records.
“c.
(c)(1) If a patient changes from the care of an APRN to another health-care provider, the APRN shall transfer the patient’s records to the new health-care provider upon the request of the new health-care provider or the patient.
The date the licensed clinical social worker will discontinue services.”.
(2) If the patient and APRN agree, the APRN may forward a summary of the patient’s record to the new health-care provider in lieu of transferring the entire record, at no charge to the patient.
FURTHER AMEND Senate Bill No.
(d)(1) Patients have the right to obtain a copy of their records from an APRN.
74 between lines 272 and 273 by inserting the following:
(2) Unless a patient is requesting a copy of their records under subsections (a) or (b) of this section or to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to any of the following charges:
“(4) When a licensed clinical social worker is closing a social work practice and client records will no longer be available at the licensee’s place of business, the licensee shall provide to the Board of Social Work Examiners notice of how former clients may obtain the client’s records.”.
a.
FURTHER AMEND Senate Bill No.
The reasonable expenses of copying the patient’s records, according to the payment schedule under paragraph (d)(3) of this section.
74 between lines 286 and 287 by inserting the following:
b.
“(3) The personal representative of the person’s estate shall provide the Board of Social Work Examiners notice of how former clients may obtain the client’s records.”.
The actual cost of postage or shipping, if the records are mailed or shipped.
FURTHER AMEND Senate Bill No.
c.
74 on line 288 by deleting “new provider or the client.” and inserting in lieu thereof the following:
Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
“client or the new provider with the client’s written consent.”.
(3) The Delaware Board of Nursing shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually.
FURTHER AMEND Senate Bill No.
(4) The APRN or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.
74 after line 395 by inserting the following:
(e) This section does not apply to an APRN who has seen or treated a patient on referral from another health-care provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:
“Section 9.
LC :
This Act takes effect 6 months after its enactment into law.”.
DIG :
SYNOPSIS To keep these requirements consistent with those for physicians, this Amendment adds the provisions in HA 1 to HB 105 (152nd), which require the notice of an office closure to include the date services will cease and that when an office closes, notice must be provided to the applicable governing body explaining how former patients or clients may obtain their records.
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It also delays the effective date of SB 74 for 6 months.
04/18/2023 02:43 PM (1) The referring health-care provider.
In addition to the requirements under HA 1 to HB 105, this Amendment requires the patient's or client's written consent before providing records to a new provider.
(2) A hospital or an agency that has provided treatment for the patient.
(f) An APRN has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for records, unless a faster response is medically necessary.
(g)(1) An APRN may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the following:
a.
Discontinuing business in this State.
b.
The last entry date in the patient’s record after terminating the patient relationship or the patient changes from the care of the APRN to another health-care provider.
(2) Seven years after the death of an APRN, the APRN’s personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
(3) An APRN or the personal representative of the APRN who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
(h) The Delaware Board of Nursing may find that an APRN who violates this section has committed unprofessional conduct, and any aggrieved patient or the patient’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
§ 1938.
Appointment of a custodian of patient records.
(a) If the Delaware Board of Nursing receives a formal or informal complaint concerning access to patient records as a result of an APRN’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a medical practice in this State, the Delaware Board of Nursing may temporarily or permanently appoint an individual or entity as custodian of the APRN’s patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.
(b)(1) The custodian of patient records appointed under this section shall notify the APRN’s patients of record of the custodian’s appointment by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the APRN practiced.
The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a patient can procure the patient’s records.
b.
Notifying, by first class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section that the custodian has been appointed and explaining how the patient can procure the patient’s records.
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04/18/2023 02:43 PM 81 (2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
Section 2.
Amend Subchapter I, Chapter 30, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3019.
Treatment records;
discontinuation of a practice;
termination of a client relationship;
death of a licensee.
(a)(1) An individual licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the following:
a.
Discontinuing the licensee’s practice in this State when the licensee is not transferring client records to another provider in this State.
b.
Terminating a client relationship.
(2) The notice required under paragraph (a)(1) of this section must include all of the following:
a.
How the client can obtain the client’s records.
b.
The name, phone number, and address of other providers in the area who may be available to accept new clients who require that care.
(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:
a.
If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
b.
A letter sent by first class mail.
(b)(1) If a licensee dies and has not transferred client records to another provider and has not made provisions for a transfer of client records to occur upon the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s clients of record by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased licensee practiced.
The notice must be published at least 1 time per month in the 3-month period after the licensee’s death.
b.
Providing notice to all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section by doing all of the following:
LC :
DIG :
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04/18/2023 02:43 PM 1.
If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
2.
A letter sent by first class mail.
(2) The notice required under paragraph (b)(1) of this section must include all of the following:
a.
That the licensee has died.
b.
How the client can obtain the client’s records.
(c)(1) If a client changes from the care of a licensee to another provider, the licensee shall transfer the client’s records to the new provider upon the request of either the new provider or the client.
(2) If the client and licensee agree, the licensee may forward a summary of the client’s treatment record to the new provider in lieu of transferring the entire record, at no charge to the client.
(d)(1) Clients have the right to obtain a copy of their records from a licensee.
(2) Unless a client is requesting a copy of their records under subsections (a) or (b) of this section or to make or complete an application for a disability benefits program, a client who requests a copy of their records is subject to any of the following charges:
a.
The reasonable expenses of copying the client’s records, according to the payment schedule under paragraph (d)(3) of this section.
b.
The actual cost of postage or shipping, if the records are mailed or shipped.
c.
Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
(3) The Board shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually.
(4) The licensee or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.
(e) This section does not apply to a licensee who has seen or treated a client on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:
(1) The referring provider.
(2) A hospital or an agency that has provided treatment for the client.
(f) A licensee has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for client records, unless a faster response is medically necessary.
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04/18/2023 02:43 PM (g)(1) A licensee may permanently dispose of a client’s record in a manner that ensures confidentiality of the records 7 years after the following:
a.
Discontinuing business in this State.
b.
The last entry date in the client’s record after terminating the client relationship or the client changes from the care of the licensee to another provider.
(2) Seven years after the death of a licensee, the licensee’s personal representative may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
(3) A licensee or the personal representative of the estate of a licensee who disposes of client records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.
(h) The Board may find that an individual licensed under this chapter who violates this section has committed unprofessional conduct, and any aggrieved client or the client’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
§ 3020.
Appointment of a custodian of client records.
(a) If the Board receives a formal or informal complaint concerning access to client records as a result of a licensee’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a licensee’s practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the licensee’s client records after an investigation in accordance with the procedures under § 8735(h) of Title 29.
(b)(1) The custodian of client records appointed under this section shall notify the licensee’s clients of record of the custodian’s appointment by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the licensee practiced.
The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a client can procure the client’s records.
b.
Notifying, by first class mail, all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section that the custodian has been appointed and explaining how the client can procure the client’s records.
(2) Seven years after being appointed, the custodian may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
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04/18/2023 02:43 PM (c) A custodian of client records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.
Section 3.
Amend Chapter 35, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3521.
Treatment records;
discontinuation of a practice;
termination of a patient relationship;
death of a psychologist.
(a)(1) A psychologist licensed under this chapter shall provide notice under this section to all affected patients no less than 30 days before doing any of the following:
a.
Discontinuing a psychology practice in this State when the psychologist is not transferring patient records to another provider in this State.
b.
Terminating a patient relationship.
(2) The notice required under paragraph (a)(1) of this section must include all of the following:
a.
How the patient can obtain the patient’s records.
b.
The name, phone number, and address of providers in the area who may be available to accept new patients who require that medical care.
(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:
a.
If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
b.
A letter sent by first class mail.
(b)(1) If a psychologist dies and has not transferred patient records to another provider and has not made provisions for a transfer of patient records to occur upon the psychologist’s death, a personal representative of the psychologist’s estate shall provide notice to the deceased psychologist’s patients of record by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased psychologist practiced.
The notice must be published at least 1 time per month in the 3-month period after the psychologist’s death.
b.
Providing notice to all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section by all of the following:
1.
If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
LC :
DIG :
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A letter sent by first class mail.
(2) The notice required under paragraph (b)(1) of this section must include all of the following:
a.
That the psychologist has died.
b.
How the patient can obtain the patient’s records.
(c)(1) If a patient changes from the care of a psychologist to another provider, the psychologist shall transfer the patient’s records to the new provider upon the request of either the new provider or the patient.
(2) If the patient and psychologist agree, the psychologist may forward a summary of the patient’s record to the new provider in lieu of transferring the entire record, at no charge to the patient.
(d)(1) Patients have the right to obtain a copy of their records from a psychologist.
(2) Unless a patient is requesting a copy of their records under subsections (a) or (b) of this section or to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to any of the following charges:
a.
The reasonable expenses of copying the patient’s records, according to the payment schedule under paragraph (d)(3) of this section.
b.
The actual cost of postage or shipping, if the records are mailed or shipped.
c.
Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
(3) The Board shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually.
(4) The psychologist or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.
(e) This section does not apply to a psychologist who has seen or treated a patient on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:
(1) The referring provider.
(2) A hospital or an agency that has provided treatment for the patient.
(f) A psychologist has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for patient records, unless a faster response is medically necessary.
(g)(1) A psychologist may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the following:
a.
Discontinuing business in this State.
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04/18/2023 02:43 PM b.
The last entry date in the patient’s record after terminating the patient relationship or the patient changes from the care of the psychologist to another provider.
(2) Seven years after the death of the psychologist, the psychologist’s personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
(3) A psychologist or the personal representative of the psychologist who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
(h) The Board may find that a psychologist who violates this section has committed unprofessional conduct, and any aggrieved patient or the patient’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
§ 3522.
Appointment of a custodian of patient records.
(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a psychologist’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a psychology practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the psychologist’s patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.
(b)(1) The custodian of patient records appointed under this section shall notify the psychologist’s patients of record of the custodian’s appointment by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the psychologist practiced.
The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a patient can procure the patient’s records.
b.
Notifying, by first class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section that the custodian has been appointed and explaining how the patient can procure the patient’s records.
(2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
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04/18/2023 02:43 PM Section 4.
Amend Chapter 39, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3921.
Treatment records;
discontinuation of a practice;
termination of a client relationship;
death of a licensed clinical social worker.
(a)(1) A licensed clinical social worker licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the following:
a.
Discontinuing a social work practice in this State when the licensee is not transferring client records to another provider in this State.
b.
Terminating a client relationship.
(2) The notice required under paragraph (a)(1) of this section must include all of the following:
a.
How the client can obtain the client’s records.
b.
The name, phone number, and address of other providers in the area who may be available to accept new clients who require that care.
(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:
a.
If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
b.
A letter sent by first class mail.
(b)(1) If a licensed clinical social worker dies and has not transferred client records to another provider and has not made provisions for a transfer of client records to occur upon the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s clients of record by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased licensee practiced.
The notice must be published at least 1 time per month in the 3-month period after the licensee’s death.
b.
Providing notice to all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section by all of the following:
1.
If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
2.
A letter sent by first class mail.
(2) The notice required under paragraph (b)(1) of this section must include all of the following:
a.
That the licensee has died.
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How the client can obtain the client’s records.
(c)(1) If a client changes from the care of a licensed clinical social worker to another provider, the licensee shall transfer the client’s records to the new provider upon the request of either the new provider or the client.
(2) If the client and licensee agree, the licensee may forward a summary of the client’s treatment record to the new provider in lieu of transferring the entire record, at no charge to the client.
(d)(1) Clients have the right to obtain a copy of their records from a licensed clinical social worker.
(2) Unless a client is requesting a copy of their records under subsections (a) or (b) of this section or to make or complete an application for a disability benefits program, a client who requests a copy of their records is subject to any of the following charges:
a.
The reasonable expenses of copying the client’s records, according to the payment schedule under paragraph (d)(3) of this section.
b.
The actual cost of postage or shipping, if the records are mailed or shipped.
c.
Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
(3) The Board of Social Work Examiners shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually.
(4) The licensed clinical social worker or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.
(e) This section does not apply to a licensed clinical social worker who has seen or treated a client on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:
(1) The referring provider.
(2) A hospital or an agency that has provided treatment for the client.
(f) A licensed clinical social worker has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for client records, unless a faster response is medically necessary.
(g)(1) A licensee may permanently dispose of a client’s record in a manner that ensures confidentiality of the records 7 years after the following:
a.
Discontinuing business in this State.
b.
The last entry date in the client’s record after terminating the client relationship or the client changes from the care of the licensee to another provider.
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04/18/2023 02:43 PM (2) Seven years after the death of the licensee, the licensee’s personal representative may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
(3) A licensed clinical social worker or the personal representative of the estate of a licensed clinical social worker who disposes of client records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.
(h) The Board of Social Work Examiners may find that a licensed clinical social worker who violates this section has committed unprofessional conduct, and any aggrieved client or the client’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
§ 3922.
Appointment of a custodian of client records.
(a) If the Board of Social Work Examiners receives a formal or informal complaint concerning access to client records as a result of a licensed clinical social worker’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a social work practice in this State, the Board of Social Work Examiners may temporarily or permanently appoint an individual or entity as custodian of the licensed clinical social worker’s client records after an investigation in accordance with the procedure under § 8735(h) of Title 29.
(b)(1) The custodian of client records appointed under this section shall notify the licensed clinical social worker’s clients of record of the custodian’s appointment by doing all of the following:
a.
Publishing a notice to that effect in a newspaper of general circulation in the area where the licensed clinical social worker practiced.
The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a client can procure the client’s records.
b.
Notifying, by first class mail, all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a.
of this section that the custodian has been appointed and explaining how the client can procure the client’s records.
(2) Seven years after being appointed, the custodian may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
(c) A custodian of client records appointed under this section who disposes of client records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.
Section 5.
Amend § 1930, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1930.
Duty to report conduct that constitutes grounds for discipline or inability to practice.
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04/18/2023 02:43 PM (a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter chapter, or any other healthcare provider health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare health- care provider’s licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter chapter, or any other healthcare provider health-care provider, may be unable to practice with reasonable skill and safety to the public by reason of:
mental for any of the following reasons:
(1) Mental illness or mental incompetence;
physical incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill;
or excessive skill.
(3) Excessive abuse of drugs, including alcohol.
Section 6.
Amend § 3018, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3018.
Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under chapter chapter, or any other healthcare provider health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare health- care provider’s licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter chapter, or any other healthcare provider health-care provider, may be unable to practice with reasonable skill and safety to the public by reason of:
mental for any of the following reasons:
(1) Mental illness or mental incompetence;
physical incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill;
or excessive skill.
(3) Excessive abuse of drugs, including alcohol.
Section 7.
Amend § 3518A, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3518A.
Duty to report conduct that constitutes grounds for discipline or inability to practice.
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04/18/2023 02:43 PM (a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter chapter, or any other healthcare provider health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare health- care provider’s licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter chapter, or any other healthcare provider health-care provider, may be unable to practice with reasonable skill and safety to the public by reason of:
mental for any of the following reasons:
(1) Mental illness or mental incompetence;
physical incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill;
or excessive skill.
(3) Excessive abuse of drugs, including alcohol.
Section 8.
Amend § 3919, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3919.
Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) A licensee to whom a license to practice has been issued under this chapter has a duty to report to the Division in writing information that the licensee reasonably believes indicates any of the following:
(1) That any other licensee licensee, or any other healthcare provider health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare health-care provider’s licensing statute.
(2) That any other licensee licensee, or any other healthcare provider health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:
SYNOPSIS This Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24:
1.
Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19.
2.
Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30:
mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists.
3.
Psychologists, Chapter 35.
4.
Licensed Clinical Social Workers, Chapter 39.
Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated.
The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No.
105 (152nd).
These requirements and procedures also apply when a patient or client requests copies of their records.
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04/18/2023 02:43 PM Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics.
Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.
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04/18/2023 02:43 PM 5971520002
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 39 YES 2 ABSENT

  3. Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 12 On Its Merits

  4. Assigned to Health & Human Development Committee in House

  5. Passed By Senate. Votes: 21 YES

  6. Amendment SA 1 to SB 74 - Passed By Senate. Votes: 21 YES

  7. Amendment SA 1 to SB 74 - Introduced and Placed With Bill

  8. Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits

  9. Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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15 sponsors · 0 co-sponsors · 47 not signed on

Sponsors (15)

Co-sponsors (0)

None.

Not signed on (47)

47 members have not signed on to this bill.

Show all 47 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 20000
Republican 11002
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Not Voting

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 74 do?
This Act establishes requirements for the handling of treatment records for all of the following health-care providers under Title 24: 1. Advanced Practice Registered Nurses (certified nurse practitioners), Chapter 19. 2. Licensees under the Board of Mental Health and Chemical Dependency Professionals, Chapter 30: mental health professional counselors and associate counselors, chemical dependency professionals, marriage and family therapists, professional art therapists. 3. Psychologists, Chapter 35. 4. Licensed Clinical Social Workers, Chapter 39. Under current law, a patient or client does not have a right or clear procedure by which to obtain a copy of their record when one of these practitioners closes a practice, dies, terminates a patient relationship, or is incapacitated. The requirements established under this Act are modeled on the patient record requirements and procedures for physicians and correspond with the changes that would be enacted under House Bill No. 105 (152nd). These requirements and procedures also apply when a patient or client requests copies of their records. Under existing law, the governing boards established under these chapters have authority to promulgate regulations, if necessary, to address intersections between the requirements under this Act and professional codes of ethics. Sections 5 through 8 of this Act make technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and corrects the spelling of the word “health-care” to be consistent throughout these chapters.
Who sponsors SB 74?
SB 74 is sponsored by Spiros Mantzavinos (Democratic), Kendra Johnson (Democratic), Russell Huxtable (Democratic), Kerri Evelyn Harris (Democratic), John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), Trey Paradee (Democratic), Stephanie L. Hansen (Democratic), Peter C. Schwartzkopf, Paul S. Baumbach, Sarah McBride, and Valerie Longhurst.
What is the current status of SB 74?
This bill has been enacted into law. Introduced April 19, 2023. Enacted.
Where can I track SB 74?
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