Delaware Code Title 24 Sec. 6002 – Authorization to practice by telehealth and telemedicine
(a) Health-care providers licensed by the following professional licensing boards existing under this title are authorized to deliver health-care services by telehealth and telemedicine subject to the provisions of this chapter:
(1) The Board of Podiatry created pursuant to Chapter 5 of this title.
(2) The Board of Chiropractic created pursuant to Chapter 7 of this title.
(3) The Board of Medical Licensure and Discipline created pursuant Chapter 17 of this title.
(4) The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.
(5) The Delaware Board of Nursing created pursuant to Chapter 19 of this title.
(6) The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.
(7) The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.
(8) The Board of Pharmacy created pursuant to Chapter 25 of this title.
(9) The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.
(10) The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.
(11) The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.
(12) The Board of Social Work Examiners created pursuant to Chapter 39 of this title.
Terms Used In Delaware Code Title 24 Sec. 6002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) A professional licensing board listed in subsection (a) of this section may promulgate or revise rules applicable to health-care providers under the professional licensing board’s jurisdiction to facilitate the provision of telehealth and telemedicine services consistent with this chapter.
(c) A health-care provider licensed in a state that has not adopted an interstate compact applicable to the health-care provider may only provide telehealth under this chapter if the health-care provider obtains an interstate telehealth registration from the Division of Professional Regulation. A health-care provider is eligible for an interstate telehealth registration only if all of the following requirements are continuously met:
(1) The health-care provider holds a valid, active license issued by another state’s licensing authority or board.
(2) The health-care provider is licensed in good standing in all states in which the health-care provider is licensed.
(3) The health-care provider is not the subject of an administrative complaint which is currently pending before another state’s licensing authority or board.
(4) The health-care provider is not currently under investigation by another state’s licensing authority or board, or any authority in this State.
(d) A health-care provider who obtains an interstate telehealth registration under subsection (c) of this section consents and agrees to be subject to all of the following:
(1) The law of this State regarding the health-care provider’s profession in this State, including all provisions of Title 11, Title 16, and this title, and all regulations of this State.
(2) The judicial system of this State, which includes consenting and agreeing to be subject to the personal jurisdiction of the courts of this State under Chapter 31 of Title 10.
(3) All profession conduct rules and standards incorporated into the practice act for the health-care provider’s profession.
(4) The jurisdiction of the applicable licensing board in this State, including the board’s complaint, investigation, and hearing process. Any discipline imposed by a licensing board in this State may be reported to the applicable National Practitioner Database, as well as to every jurisdiction in which the health-care provider holds a license.