TITLE 16

Health and Safety

Mental Health

CHAPTER 56. Behavioral Health [For application of this chapter, see 85 Del. Laws, c. 461, § 12]

Subchapter II. Licensing [For application of this subchapter, see 85 Del. Laws, c. 461, § 12]

§ 5611. Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

As used in this subchapter:

(1) “Application” means a provider organization’s initial licensure or renewal application.

(2) “License” means a license or certification issued by the Division, including a provider organization license, a program license, and a facility certification.

85 Del. Laws, c. 461, § 2; 

§ 5612. License applications [For application of this section, see 85 Del. Laws, c. 461, § 12].

(a) A provider organization may apply to the Division for a license.

(b) An application must be made under oath using the Division’s form.

(c) An application must include documentation required by the Division.

(d) An application must include the applicable license fee.

85 Del. Laws, c. 461, § 2; 

§ 5613. Licensing determinations [For application of this section, see 85 Del. Laws, c. 461, § 12].

(a) Except as otherwise provided in subsection (b) of this section, the Division shall approve an application made according to the requirements of this chapter and issue a license to a provider organization.

(b) The Division may reject an application and refuse to issue a license to a provider organization whenever any of the following occurs:

(1) The provider organization fails to meet the requirements established under this chapter.

(2) The provider organization fails to meet the requirements established by the Division through regulation.

(3) The provider organization has a history of noncompliance with federal, State, or local law or regulation.

(4) The Division previously revoked the provider organization’s license.

(5) The provider organization knowingly makes a false statement of material fact in an application.

85 Del. Laws, c. 461, § 2; 

§ 5614. License terms, expiration, and transfer [For application of this section, see 85 Del. Laws, c. 461, § 12].

(a) Subject to this chapter, the Division shall set the license term.

(b) If a provider organization applies to renew the provider organization’s license before it expires, the license is valid until the Division decides on the application.

(c) A license is not transferable.

85 Del. Laws, c. 461, § 2; 

§ 5615. Records [For application of this section, see 85 Del. Laws, c. 461, § 12].

The Division shall establish, operate, and maintain an electronic system for submitting, maintaining, and storing information under this subchapter.

85 Del. Laws, c. 461, § 2; 

85 Del. Laws, c. 461, § 2;