Delaware-licensed healthcare providers and certain other entities have a mandatory duty to report Delaware-licensed medical practitioners or other healthcare providers under certain circumstances.
If you yourself are not a Delaware-licensed healthcare provider and you do not represent one of the entities listed below but you wish to file a complaint about a healthcare provider, click File a Complaint.
How to File a Mandatory Report
To report a healthcare provider in compliance with your mandatory duty to report, complete a Report of Healthcare Provider form following the instructions on the form. All persons and entities with a mandatory duty to report, including law enforcement, should use this form.
Delaware law allows the Division to keep the identity of person who makes the report confidential, when appropriate. The Division will make the determination based on the information submitted in the complaint.
Mandatory Reports Related to Medical Practitioners
Delaware law mandates the persons and entities listed below report a medical practitioner licensed by the Board of Medical Licensure and Discipline when they reasonably believe that the practitioner is (or may be) guilty of unprofessional conduct or unfit to practice (24 Del. C. §1731A):
- All persons certified to practice medicine
- All certified registered or licensed healthcare providers
- Medical Society of Delaware
- All healthcare institutions in Delaware
- All State agencies other than law enforcement agencies.
The persons and entities listed above must file their mandatory reports within 30 days of becoming aware of the information. Unprofessional conduct is explained in 24 Del. C. §1731. The law imposes a $10,000-$50,000 fine for non-compliance with the report requirement (24 Del. C. 1731A (i).
Law enforcement agencies are mandated to report new or pending investigations of alleged crimes substantially related to the practice of medicine within 30 days of closing an investigation or arresting any person licensed by the Board of Medical Licensure and Discipline.
Delaware law allows the Division of Professional Regulation to keep the name of the person who files a mandatory report confidential, when appropriate. The law also affords immunity from civil or criminal prosecution for good faith reporting (24 Del. C. 1731A (g)).
Mandatory Reports Related to Other Healthcare Providers
The license law and regulations of some healthcare professions mandate persons licensed in that profession to report other persons licensed in that profession under certain circumstances. For example, under their Board’s Rules and Regulations, Delaware-licensed Nurses must report unsafe Nursing practices or conditions.
For the license law and regulations of each healthcare profession, see the profession’s web site. Each profession’s licensees are notified of their mandatory duties to report.