SJR 6 — DIRECTING CERTAIN PROFESSIONAL LICENSURE BOARDS TO REVIEW AND REVISE APPLICATIONS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND DIRECTING THE LICENSURE BOARDS AND THE DEPARTMENT OF JUSTICE TO PROVIDE REPORTS.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2024. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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13 sponsors
13 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (7 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This resolution directs health care professional licensure boards to review their existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990), by focusing on present functional impairment and the ability to perform the essential requirements of the applicant’s profession with or without a reasonable accommodation. This resolution builds on the progress that the State of Delaware made in removing structural barriers to clinicians seeking mental health and wellbeing treatment through the enactment of Senate Bill 300 in 2022. The resolution also directs each licensure board and the Division of Professional Regulation to submit a report to the General Assembly by February 28, 2025 regarding the boards' review of their applications and certifying that the applications comply with the Americans with Disabilities Act.
Bill Text
What changed in the latest version
56 added · 10 removed56 line(s) added, 10 removed.
Rep.Sen.
LonghurstS. HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1McBride TO& SENATERep. JOINT RESOLUTION NO.
6Longhurst AMENDSens. Senate Joint Resolution No.
6Buckson, onHansen, lineHoffner, 17Pinkney, byPoore, deletingWalsh; “2024:” and inserting in lieu thereof the following:
“2025:”.Reps.
SYNOPSISBaumbach, ThisChukwuocha, AmendmentHarris, changesHeffernan, theMorrison, dateParker thatSelby professionalDELAWARE licensingSTATE boardsSENATE must152nd reviewGENERAL andASSEMBLY reviseSENATE licensure,JOINT certification,RESOLUTION andNO. registration applications, from January 31, 2024 to January 31, 2025.
HD6 :DIRECTING CERTAIN PROFESSIONAL LICENSURE BOARDS TO REVIEW AND REVISE APPLICATIONS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND DIRECTING THE LICENSURE BOARDS AND THE DEPARTMENT OF JUSTICE TO PROVIDE REPORTS.
LTKWHEREAS, :while there are significant public policy interests in protecting the safety of patients and the general public, we must also ensure that members of our health care workforce are able to seek appropriate treatment for mental health conditions without facing undue stigma and potentially putting their professional license in jeopardy;
DSand PageWHEREAS, 1the Delaware General Assembly, recognizing this concern with respect to physician licensure application questions required under Delaware law, unanimously voted to approve Senate Bill 300, An Act to Amend Title 24 of 1the Released:Delaware Code Relating to Medical Practice;
06/27/2024and 11:33WHEREAS, AMthere 3491520129is growing consensus that maintaining longstanding practices regarding state professional licensure requirements that require applicants to answer intrusive and unnecessary questions regarding behavioral health conditions, regardless of (i) an applicant’s present state of functional impairment and (ii) assessment of an applicant’s ability to perform the requirements of the job with or without a reasonable accommodation granted by an employer, likely do not meet the requirements of the Americans with Disabilities Act of 1990 (Pub.
L.
101-336.
26 July 1990).
NOW, THEREFORE:
BE IT RESOLVED by the Senate and House of Representatives of the 152nd General Assembly of the State of Delaware, with the approval of the Governor, that the following Title 24 health care professional licensure boards shall review all existing licensure, certification, and registration applications to revise any existing questions pertaining to mental health conditions that are not necessary to assess the current state of an applicant’s functional impairment to ensure that they are compliant with the requirements of the Americans with Disabilities Act no later than January 31, 2024:
(1) The Board of Podiatry (24 Del.
C.
Ch.
5) (2) The Board of Chiropractic (24 Del C.
Ch.
7) (3) The Board of Dentistry and Dental Hygiene (24 Del.
C.
Ch.
11) (4) The Board of Medical Licensure and Discipline (24 Del.
C.
Ch.
17) (5) The Board of Nursing (24 Del.
C.
Ch.
19) SD :
MD :
ALW Page 1 of 2 Released:
03/07/2024 03:04 PM (6) The Board of Occupational Therapy Practice (24 Del.
C.
Ch.
20) (7) The Board of Examiners in Optometry (24 Del.
C.
Ch.
21) (8) The Board of Pharmacy (24 Del.
Show all 70 changed lines (30 more)
C.
Ch.
25) (9) The Examining Board of Physical Therapists and Athletic Trainers (24 Del.
C.
Ch.
26) (10) The Board of Mental Health and Chemical Dependency Professionals (24 Del.
C.
Ch.
30) (11) The Board of Examiners of Psychologists (24 Del.
C.
Ch.
35) (12) The Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers (24 Del.
C.
Ch.
37) (13) The Board of Dietetics/Nutrition (24 Del C.
Ch.
38).
BE IT FURTHER RESOLVED that each respective health care professional licensure board listed above and the Division of Professional Regulation shall submit a report to the General Assembly on or before February 28, 2025, regarding the review required under this act and certifying that the board has completed the process of making its application compliant with the Americans with Disabilities Act.
SYNOPSIS This resolution directs health care professional licensure boards to review their existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990 (Pub.
L.
101-336.
26 July 1990), by focusing on present functional impairment and the ability to perform the essential requirements of the applicant’s profession with or without a reasonable accommodation.
This resolution builds on the progress that the State of Delaware made in removing structural barriers to clinicians seeking mental health and wellbeing treatment through the enactment of Senate Bill 300 in 2022.
The resolution also directs each licensure board and the Division of Professional Regulation to submit a report to the General Assembly by February 28, 2025 regarding the boards' review of their applications and certifying that the applications comply with the Americans with Disabilities Act.
Author:
Senator S.
McBride SD :
MD :
ALW Page 2 of 2 Released:
03/07/2024 03:04 PM 2711520060
Show all 70 changed rows (30 more)
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Passed By House. Votes: 41 YES
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Amendment HA 1 to SJR 6 - Passed In House by Voice Vote
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Amendment HA 1 to SJR 6 - Introduced and Placed With Bill
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Reported Out of Committee (Administration) in House with 5 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 19 YES 2 ABSENT
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Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 2 On Its Merits
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Re-Assigned to Health & Social Services Committee in Senate
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Introduced and Assigned to Elections & Government Affairs Committee in Senate
Sponsors
- Stell Parker Selby · Primary
- Eric Morrison · Primary
- Russell Huxtable · Primary
- Kerri Evelyn Harris · Primary
- John "Jack" Walsh · Primary
- Nicole Poore · Primary
- Marie Pinkney · Primary
- Franklin D. Cooke · Primary
- Sarah McBride · Primary
- Valerie Longhurst · Primary
- Sean Matthews · Primary
- Peter C. Schwartzkopf · Primary
- Paul S. Baumbach · Primary
Sponsorship breakdown
Export CSV (upgrade) →13 sponsors · 0 co-sponsors · 49 not signed on
Sponsors (13)
- Stell Parker Selby
- Eric Morrison Democratic
- Russell Huxtable Democratic
- Kerri Evelyn Harris Democratic
- John "Jack" Walsh Democratic
- Nicole Poore Democratic
- Marie Pinkney Democratic
- Franklin D. Cooke Democratic
- Sarah McBride
- Valerie Longhurst
- Sean Matthews
- Peter C. Schwartzkopf
- Paul S. Baumbach
Co-sponsors (0)
None.
Not signed on (49)
49 members have not signed on to this bill.
Show all 49 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 20 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 12 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Not Voting |
| 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 | Not Voting |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SJR 6 do?
- This resolution directs health care professional licensure boards to review their existing professional licensure application language to revise or remove all intrusive and stigmatizing language around mental health care and treatment and replace it with language that meets the threshold requirements of the Americans with Disabilities Act of 1990 (Pub. L. 101-336. 26 July 1990), by focusing on present functional impairment and the ability to perform the essential requirements of the applicant’s profession with or without a reasonable accommodation. This resolution builds on the progress that the State of Delaware made in removing structural barriers to clinicians seeking mental health and wellbeing treatment through the enactment of Senate Bill 300 in 2022. The resolution also directs each licensure board and the Division of Professional Regulation to submit a report to the General Assembly by February 28, 2025 regarding the boards' review of their applications and certifying that the applications comply with the Americans with Disabilities Act.
- Who sponsors SJR 6?
- SJR 6 is sponsored by Stell Parker Selby, Eric Morrison (Democratic), Russell Huxtable (Democratic), Kerri Evelyn Harris (Democratic), John "Jack" Walsh (Democratic), Nicole Poore (Democratic), Marie Pinkney (Democratic), Franklin D. Cooke (Democratic), Sarah McBride, Valerie Longhurst, Sean Matthews, Peter C. Schwartzkopf, and Paul S. Baumbach.
- What is the current status of SJR 6?
- This bill has been enacted into law. Introduced March 07, 2024. Enacted.
- Where can I track SJR 6?
- Track SJR 6 free on One Click Politics — get push/email alerts when it moves.
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