Delaware Healthcare Compliance Requirements
State-specific breach notification rules, medical records retention periods, PDMP requirements, and mandatory reporting obligations for medical practices operating in Delaware.
Breach Notification Rules
Notification deadline
60 calendar days
Notification must be made within 60 days after determination of the breach. AG must be notified if 500+ Delaware residents affected.
AG notification threshold
500+ affected individuals
Notify: AG
Harm analysis required
Penalty range
Up to $10,000 per violation
Medical Records Retention
| Record type | Retention period | Measured from |
|---|---|---|
| General medical | 7 years | Last treatment |
PDMP Requirements — PMP AWARxE
Check required
All controlled substances
Check frequency
Every prescription
Delegation allowed
Penalty range
Licensing board discipline; civil penalties up to $10,000; possible criminal prosecution
Exemptions
Hospice patients, patients in inpatient facilities, ≤14 day supply post-surgical, cancer treatment
Mandatory Reporting Obligations
Mandated reporters
Physicians, nurses, dentists, psychologists, any healthcare professional, and any person who knows or suspects child abuse
Report to
Division of Family Services (DFS) Report Line or local law enforcement
Timeline
Immediately / as soon as possible
Penalty for failure
Class A misdemeanor, up to 1 year jail; Class E felony for subsequent offenses
Immunity provision
Good faith reporters immune from civil and criminal liability
Mandated reporters
Physicians, nurses, and all healthcare professionals
Report to
Adult Protective Services, Division of Services for Aging and Adults with Physical Disabilities
Timeline
Immediately / as soon as possible
Penalty for failure
Class A misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
Mandated reporters
Healthcare providers when treating injuries from suspected domestic violence
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
Physicians, nurses, laboratory directors, and healthcare facility administrators
Report to
Delaware Division of Public Health
Timeline
Within 24 hours
Penalty for failure
Up to $1,000 fine per day of violation
Immunity provision
Good faith reporters immune from civil liability
Mandated reporters
All healthcare providers treating gunshot wounds
Report to
Local law enforcement
Timeline
Immediately / as soon as possible
Penalty for failure
Class B misdemeanor
Immunity provision
Good faith reporters immune from civil and criminal liability
Stay compliant in Delaware
GuardWell tracks Delaware-specific breach deadlines, PDMP requirements, retention periods, and mandatory reporting obligations automatically.