LAWS YOU SHOULD KNOW FOR
THE PRACTICE OF MEDICINE IN DELAWARE

This page provides information on requirements to maintain your Delaware medical license and certifications, as well as rules that have gone into effect which affect the practice of medicine in the state and on a federal level.

Medical Licenses

  • Physician M.D., Physician D.O., Physician Assistant, Acupuncture Practitioner, and Genetic Counselor licenses expire on March 31 of odd-numbered years (2017, 2019, etc.). 
  • Physicians must have completed 40 hours of accredited Continuing Medical Education during each licensing period.
  • Physicians are required to attest that they have completed a mandatory training offered by the state of Delaware on how to recognize child sexual and physical abuse and exploitation, domestic violence, and physician's reporting obligations under the Medical Practice Act during each 2-year licensing period.

Refer to the MSD FACT SHEET for tips and helpful hints on medical licensure renewal and taking the online mandatory child abuse training.

Controlled Substance Registration

Uniform Controlled Substances Act Regulations
One Hour of Delaware-Specific Education
  • Completion of one hour of Delaware-specific education pertaining to the prescribing and distribution of controlled substances prior to June 30, 2015. Content for the education must be approved by the State.
  • This is a one-time requirement needed only for the 2015 renewal.
  • New prescribers applying for Controlled Substance Registrations after June 30, 2015 must complete the one-hour Delaware-specific training prior to obtaining a Delaware CSR
Two Hours of Non-Delaware -Specific Education
  • CSR holders must complete an additional two hours of non-Delaware-specific education starting with the renewal period July 1, 2015 through June 30, 2017, and biennially thereafter. Required education must be completed within the corresponding renewal period.
  • Education should be in the areas of controlled substance prescribing practices, treatment of chronic pain, other topics related to the prescribing of controlled substances.
  • Education Offerings for non-Delaware-specific education
Prescription Monitoring Program

E-Prescribing Regulations - Effective January 1, 2021

As a provider or pharmacist, you should be aware of the Delaware Electronic Prescribing law, which changes how medications, including controlled substances, are prescribed for patients.  Delaware has transitioned from written to electronic prescriptions.  Delaware and Federal legislation requires e-prescribing, with some exceptions, beginning January 1, 2021.  The Federal "Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act" was signed into law October 24, 2018 and mandates e-prescribing for all controlled substances covered under Medicare Part D, with a few exceptions.  In Delaware, House Bill 115 was signed into law by Governor John Carney on June 27, 2019 which expands this requirement to all prescriptions, with certain exceptions.
READ MORE.

Consolidated Appropriations Act 2021

The Federal Consolidated Appropriates Act COVID-19 relief bill was signed into law December 27, 2020 and includes provisions for the "No Surprise Act," which is effective January 1, 2022.  The AMA has created a guide to Surprise Billing Provisions in the Consolidated Appropriations Act 2021. The intent of the federal surprise billing provisions is not to preempt state surprise billing laws.  However, there is ambiguity in the statutory language that will require further clarification before and during the rule making process, including when the surprise billing protections apply to patients in self-funded ERISA plans.  READ THE GUIDE
CERTIFIED MEDICAL EXAMINERS
  • Effective May 21, 2014, all interstate Commercial Motor Vehicle (CMV) drivers seeking or wanting to maintain a valid medical examiner's certificate (ME Certificate) for a Commercial Drivers License (CDL) must use a Medical Examiner (ME) listed on the US Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) National Registry of Certified Medical Examiners (National Registry) for the required examination. 
  • Certified Medical Examiners must complete training concerning FMCSA’s physical qualification standards and pass a test to verify an understanding of those standards. Certification must be repeated every 10 years.
WORKERS' COMPENSATION CERTIFIED HEALTH CARE PROFESSIONALS
  • To be certified in the Delaware Workers' Compensation Health Care Payment System, professionals need to complete a Continuing Education course. Professionals are required to repeat the course prior before the end of each two-year cycle tied to the time of professional license renewal.
  • The regulations for Facilities That Perform Invasive Medical Procedures were published in the February 1, 2014 Register of Regulations and became effective on February 11, 2014.
  • All facilities that perform invasive medical procedures in which the accepted standard of care requires anesthesia, major conduction anesthesia or sedation as defined in the regulations, including all facilities that perform surgical abortions, must comply with the Facilities That Perform Invasive Medical Procedures regulations.
  • Facilities that perform procedures in which the procedure itself meets the regulatory definition of anesthesia (i.e. pain management procedure such as spinals, epidurals, etc.) are required to comply with the Facilities That Perform Invasive Medical Procedures regulations.
  • State law mandates that Facilities That Perform Invasive Medical Procedures register and submit proof of the facility’s accreditation by an approved accrediting body, to the Department of Health and Social Services (DHSS) within 12 months of the first day of operation of such facility.
  • The registration form and list of approved accreditation organizations can be found at: http://www.dhss.delaware.gov/dhss/dltcrp/ohflcmain.html