Delaware General Assembly

House Sunset Committee (Policy Analysis & Government Accountability) 6/13/24

The General Assembly has ended, the current status is the final status.

6/13/24

Minor-Brown

Sen. Poore

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH-CARE PROFESSIONAL TITLE TRANSPARENCY AND ADVERTISMENT.

This Act creates Chapter 62 of Title 24 to regulate health-care advertisements, defined as any communication or statement that is directly controlled or administered by a health-care professional or a health-care professional’s office personnel. It requires the following 1) Doctorally prepared health-care practitioners using the designation "Doctor" or "Dr." in connection with that person's name or calls themself "Doctor" must specify the educational degree and type of license or other permissible title authorized by that person's professional practice act or regulation. 2) Any health-care practitioner licensed under the professional boards defined in this chapter must wear an identification name tag during all patient encounters which must include the practitioner's name and the type of license or other permissible title authorized by that person's professional practice act or regulation. There are certain exceptions to this requirement: (1) The health-care practitioner is working in a nonpatient care setting and does not have any direct patient care interaction. (2) The wearing of identification would jeopardize the health-care practitioner's safety. (3) The health-care practitioner is in a setting in which the license type and names of all health-care practitioners working in that setting are displayed. (4) The office is an office of a solo health-care practitioner, or of a single type of health-care practitioner. The Boards defined in this chapter are the following: Board of Mental Health and Chemical Dependency Professionals Board of Podiatry Board of Chiropractic Board of Medical Licensure and Discipline Board of Dentistry and Dental Hygiene Board of Nursing Board of Occupational Therapy Board of Optometry Board of Pharmacy Board of Mental Health and Chemical Dependency Professionals Board of Examiners of Psychologists Board of Dietetics/Nutritionists Board of Social Work Examiners Examining Board of Physical Therapists and Athletic Trainers 3) An advertisement for health-care services which names any health-care practitioner must identify the type of license held pursuant to the requirements of this statute or other permissible title. Further, the advertisement may not contain deceptive or misleading information. 4) Provides that a health-care practitioner who violates this chapter is deemed to have engaged in unprofessional conduct, which may be grounds for disciplinary action under the licensure provisions governing the respective health-care practitioner; however, The Division of Professional Regulation will only accept or assign a complaint number or investigate a complaint filed by a patient or agent of the patient as designated in a power of attorney or advance health-care directive.

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Takes effect upon being signed into law

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