Duty to report conduct that constitutes grounds for discipline or inability to practice [For application of this section, see 85 Del. Laws, c. 317, § 25].
Del. Code tit. 24, § 3519
in effect(a) Every licensee under this chapter shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other licensee, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute.
(b) Every licensee shall report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other licensee, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:
(1) Mental illness or mental incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill.
(3) Excessive use or abuse of drugs.
(c) Every licensee shall report to the Division of Professional Regulation, in writing, any information that the reporting licensee reasonably believes indicates that an individual certified and registered to practice medicine in this State is, or may be, guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients for any of the following reasons:
(1) Mental illness or mental incompetence.
(2) Physical illness, including deterioration through the aging process or loss of motor skill.
(3) Excessive use or abuse of drugs.
(d) A licensee shall file all reports required under subsections (a), (b), and (c) of this section within 30 days of the licensee becoming aware of any information that the licensee is required to report. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the licensee acted in good faith and without gross or wanton negligence. For purposes of this section, good faith is presumed until proven otherwise, and a complainant must show gross or wanton negligence.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c035/sc02/index.htmlFetched: 10/4/2026