Last updated 09/05/2025
Consent Requirements
Receipt of appropriate consent from a patient after disclosure regarding the delivery model and treatment method or limitations, including informed consent regarding the use of telemedicine technologies is required to establish a health-care provider-patient relationship, among other things.
Informed consent must be obtained to establish a physician-patient relationship over telehealth.
SOURCE: Title 24, Ch. 60, Sec. 6003(a)(3). (Accessed Sept. 2025).
Physical Therapists, Optometrists, Dentists, and Dietitians
Before services are provided through telehealth, the licensee shall obtain written, informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient. At minimum, the informed consent shall inform the patient and document acknowledgement of the risk and limitations of:
- The use of electronic communications in the provision of care;
- The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
- The potential disruption of electronic communication in the use of telehealth.
Physical therapist regulation only – for the purposes of this subsection, written consent includes an electronic signature.
SOURCE: 24 DE Administrative Code 2602. 14.2.2.1; 24 DAC 2100, 5; 24 DAC 1100; 24 DAC 3800. 9.2.2. (Accessed Sept. 2025).
Social Workers
Prior to delivery of services by telehealth, the licensee shall obtain written, informed consent from the client, or other appropriate person with authority to make health care decisions for the client, in language that is likely to be understood and is consistent with accepted professional and legal requirements. Where the licensee cannot obtain written informed consent at the outset of care due to emergency circumstances, the licensee shall obtain verbal informed consent to be followed by written informed consent as soon as reasonably possible. At minimum, the informed consent shall inform the client of:
- The limitations and innovative nature of using telehealth in the provision of social work services;
- Potential risks to confidentiality of information due to the use of telehealth;
- Potential risks of sudden and unpredictable disruption of telehealth services and how an alternative means of re-establishing electronic or other connection will be used under such circumstances;
- When and how the licensee will respond to routine electronic messages;
- Under what circumstances the licensee and client will use alternative means of communications;
- Who else may have access to communications between the client and the licensee;
- Specific methods for ensuring that a client’s electronic communications are directed only to the licensee; and
- How the licensee stores electronic communications exchanged with the client.
Upon initial and subsequent contacts with the client by telehealth, the licensee shall make reasonable efforts to verify the identity of the client.
Upon initial contact, the licensee shall: obtain alternative means of contacting the client; provide to the client alternative means of contacting the licensee; and establish a written agreement relative to the client’s access to face-to-face emergency services in the client’s geographical area, in instances such as, but not necessarily limited to, the client experiencing a suicidal or homicidal crisis.
The licensee shall document in the file or record which services were provided by telehealth.
SOURCE: 24 DAC 3900, 10. (Accessed Sept. 2025).
Pharmacist Patient Counseling Services
Before patient counseling services are provided through telehealth, the pharmacist, or a registered intern or pharmacy student working under the direct supervision of a pharmacist, shall obtain verbal informed consent from the patient, or other appropriate person with authority to make health care treatment decisions for the patient.
SOURCE: 24 DAC 2500, 5.2. (Accessed Sept. 2025).
Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers
Before services are provided through telepractice, the licensee shall obtain written, informed consent from the client, or other appropriate person with authority to make health care treatment decisions for the client. At minimum, the informed consent shall inform the client and document acknowledgement of the risk and limitations of:
- The use of electronic communications in the provision of care;
- The potential breach of confidentiality, or inadvertent access, of protected health information using electronic communication in the provision of care; and
- The potential disruption of electronic communication in the use of telepractice.
Services provided as part of an individualized education plan (IEP) meet informed consent requirements.
SOURCE: DE Admin Code Title 24, 3700(10.2.2 & 10.2.2.2) as amended by Final Rule. (Accessed Sept. 2025).
Professional Counselors of Mental Health and Chemical Dependency Professions
Prior to providing Telehealth Services, obtain the written informed consent of the client, in language that is likely to be understood and consistent with accepted professional and legal requirements. (See Administrative Code for specific details).
SOURCE: DE Admin Code Title 24, 3000 (11.6.8). (Accessed Sept. 2025).
NOTE: DE Professional Boards have different and varying consent requirements. See Professional Board Standards section for references and additional Board telehealth practice requirements.
Last updated 09/05/2025
Cross State Licensing
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:
- The health-care provider holds a valid, active license issued by another state’s licensing authority or board.
- The health-care provider is licensed in good standing in all states in which the health-care provider is licensed.
- The health-care provider is not the subject of an administrative complaint which is currently pending before another state’s licensing authority or board.
- The health-care provider is not currently under investigation by another state’s licensing authority or board, or any authority in this State.
A health-care provider who obtains an interstate telehealth registration consents and agrees to be subject to all of the following:
- 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.
- 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.
- All profession conduct rules and standards incorporated into the practice act for the health-care provider’s profession.
- 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.
SOURCE: Title 24, Ch. 60, Sec. 6002. (Accessed Sept. 2025).
Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during:
- Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation.
- Furnishing of assistance by a health-care provider in case of an emergency or disaster when circumstances do not permit the establishment of a health-care provider-patient relationship prior to the provision of care if no charge is made for the medical assistance.
- Episodic consultation by a specialist located in another jurisdiction who provides such consultation services at the request of a licensed health-care professional.
- Circumstances which make it impractical for a patient to consult with the health-care provider in-person prior to the delivery of telemedicine services.
A mental health provider, behavioral health provider, or social worker licensed in another jurisdiction who would be authorized to deliver health-care services by telehealth or telemedicine under this chapter if licensed in this State pursuant to Chapter 30 (Mental Health and Chemical Dependency Professionals), Chapter 35 (Psychologists), or Chapter 38 (Social Workers) of this title may provide treatment to Delaware residents through telehealth and telemedicine services. The Division of Professional Regulation shall require any out-of-state health-care provider practicing in this State pursuant to this section to complete a Medical Request Form and comply with any other registration requirements the Division of Professional Regulation may establish.
SOURCE: Title 24, Ch. 60, Sec. 6005. (Accessed Sept. 2025).
Consulting Physician
Consultation may be done telephonically, electronically or in person. Consultation shall ordinarily consist of a history and physical examination, review of records and imaging pathology or similar studies. Consultation includes providing opinions and recommendations. An active Delaware certificate is required of any out of state physician who comes into Delaware to perform a consultation more than twelve (12) times per year. A physician who comes into Delaware to perform consultations must be actively licensed in another State or country on a full and unrestricted basis. Any consultations done for teaching and/or training purposes may include active participation in procedures and treatment, whether surgical or otherwise, provided a Delaware licensed physician remains responsible as the physician of record, and provided the patient is not charged a fee by the consultant.
SOURCE: DE Admin Code, Title 24, Sec. 1700, 6. (Accessed Sept. 2025).
Social Work Examiners Licensure Exemptions
General licensure requirements do not apply to an individual who meets any of the following criteria:
- Is licensed in good standing to practice social work in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in this State and the Board has approved the application. An individual may practice social work, within the scope of practice designated by the individual’s license, in this State under this subsection for no more than 30 days per year. An individual who provides services under this subsection is deemed to have submitted to the Board’s jurisdiction and bound by the laws of this State.
- Is certified or licensed in this State by any other law, and is engaged in and acting within the scope of the profession or occupation for which the individual is certified or licensed.
- Is clergy of any denomination, when engaging in activities that are within the scope of the performance of that individual’s regular or specialized ministerial duties.
- Performs assessments such as basic information collection, gathering of demographic data, and informal observations, screening, and referral to determine a client’s general eligibility for a program or service and a client’s functional status for the purpose of determining need for services unrelated to a behavioral health diagnosis or treatment plan.
- Creates, develops, or implements a service plan unrelated to a behavioral health diagnosis or treatment plan. Service plans may include job training and employability, housing, general public assistance, in-home services and supports or home-delivered meals, de-escalation techniques, peer services, or skill development.
- Participates as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan in certain circumstances.
- Individuals exempted under this paragraph (c)(1)f. do not engage in any of the following restricted practices:
- Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities.
- Client assessment and evaluation.
- Provision of psychotherapeutic treatment.
- Development and implementation of assessment-based treatment plans.
Nothing in this subsection may be construed as requiring a license for any particular activity or function solely because the activity or function is not listed in this subsection.
Social Worker Reciprocity
Upon payment of the required fee and submission and acceptance of a written application on forms that the Board provides, the Board shall grant a license to an applicant who has done all of the following:
- Presented proof of a current, active license in good standing and with no disciplinary action taken against the applicant in another jurisdiction whose standards the Board has determined are substantially similar to those of this State.
- Presented proof that, in any other jurisdiction in which the applicant is or was licensed, the applicant’s license is in good standing or the applicant is voluntarily no longer licensed.
- Successfully passed an examination that the Board designated under § 3906(a)(3) of this title.
- Provided the Board with a certified statement as to whether any outstanding or ongoing disciplinary actions or ethical violations are against the applicant, or whether the applicant has engaged in any of the acts or offenses that may be grounds for disciplinary action under this chapter. Applicants are deemed to consent to the release of information regarding disciplinary actions or ethical violations and waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject under this chapter.
An applicant who has a license in another jurisdiction that has less stringent requirements than those of this State may obtain a license under this section if the applicant can prove to the Board’s satisfaction that the applicant has worked in another jurisdiction in the field for which the applicant is seeking a license in this State for at least 5 years in the 7 years immediately preceding application in this State. The Board may determine whether the requirements of another jurisdiction are less stringent than those of this State.
SOURCE: Title 24, Chap. 39, Sec. 3903 & 3909. (Accessed Sept. 2025).
Under Social Worker administrative code telehealth requirements, it is stated that a Delaware license is required, however the requirement does not apply to an individual providing social work services pursuant to a Delaware interstate telehealth registration, pursuant to Chapter 60 of Title 24 of the Delaware Code.
SOURCE: 24 DAC 3900, 10. (Accessed Sept. 2025).
Optometrists
In order to practice telehealth in Delaware, optometrists must have an active Delaware license in good standing or have obtained an interstate telehealth registration in compliance with Title 24, Ch. 60. Optometrists understand that this rule does not provide them with authority to practice telehealth in service to clients located in any jurisdiction other than Delaware, and they must comply with laws, rules, or policies for the practice of telehealth set forth by other jurisdictional boards of optometry. Optometrists practicing telehealth shall comply with all of these rules of professional conduct and with requirements incurred in state and federal statutes relevant to the practice of optometry.
SOURCE: 24 DAC 2100, 5. (Accessed Sept. 2025).
Dentists
In order to deliver Telehealth services one must hold a current, valid license issued by the Board. Licensees understand that this rule does not provide licensees with authority to deliver Telehealth Services to anyone located in a jurisdiction other than Delaware, and licensees bear responsibility for complying with laws, rules, and/or policies for the delivery of Telehealth Services set forth by other jurisdictional regulatory boards.
SOURCE: 24 DAC 1100. (Accessed Sept. 2025).
Physical Therapy and Athletic Training
This chapter shall not prohibit a physical therapist or athletic trainer who resides and works outside the State of Delaware and is licensed in a jurisdiction of the United States or credentialed in another country or, in the case of an athletic trainer, is certified by the National Athletic Trainers Association, from rendering care, if that person by contract or employment is providing non-clinical physical therapy or athletic training to patients/clients affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the jurisdiction for no more than 60 days in a calendar year. All visiting physical therapists or athletic trainers must abide by Delaware laws, rules, and regulations relating to physical therapy and athletic training.
SOURCE: Title 24, Chapter 26, Sec. 2605(e). (Accessed Sept. 2025).
Marriage and Family Therapist Reciprocity
Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia or territory of the United States, whose standards for license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(8) of this title.
An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal license, and who has taken and passed the AMFTRB National Examination or other MFT licensing exam acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.
SOURCE: Title 24, Chapter 30, Sec. 3054. (Accessed Sept. 2025).
Dietitian Reciprocity
Reciprocity will be provided for registered, certified or licensed dietitians or registered, certified or licensed nutritionists from other states provided that the standards for registration, certification and/or licensure in that state are reasonably equivalent to those set forth in § 3806 of this title. Reciprocity applicants must follow the rules and regulations for application established under § 3809 of this title.
SOURCE: Title 24, Chapter 38, Sec. 3807. (Accessed Sept. 2025).
Temporary Authorization for the Use of Non-Delaware Licensed Pharmacists
A pharmacy holding a permit issued by the Board may employ or otherwise use the services of pharmacists holding active, unrestricted licenses in good standing in other states or territories of the United States provided that the permit holder submits to the Board a Notification of Intent to Practice in Delaware with licensure verifications for each out-of-state licensed pharmacist. The permit holder will be responsible for the practice of the out-of-state pharmacist, who shall attest to compliance with all applicable state and federal laws and regulations. Offsite pharmacists are authorized to enter and verify patient data and conduct telehealth services from a remote location if the patient is on site at the pharmacy.
SOURCE: 24 DAC 2500, 21 as amended by Emergency Rule, Effective July 1, 2025 for 120 days. (Accessed Sept. 2025).
Pharmacist Interstate Telehealth Registrations
You may apply for an Interstate Telehealth Registration only if you are licensed in a state other than Delaware and will provide health-care services via telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
As a health-care provider you must:
- be currently licensed in good standing in all states in which you are licensed as a health-care provider.
- not be actively licensed in a state that has enacted a compact in which Delaware participates in that compact.
- not be the subject of an administrative complaint that is currently pending before another state’s licensing authority or board.
- not be currently under investigation by another state’s licensing authority or board, or any authority in this State.
SOURCE: DE Board of Pharmacy, Pharmacist Interstate Telehealth Registrations. (Accessed Sept. 2025).
Professional Counselors of Mental Health and Chemical Dependency Professionals Reciprocity
Licensure by Reciprocity Requirements:
- Proof of Licensure Status – The applicant shall hold an active professional counseling license in good standing from another state. Verification of licensure status shall be submitted directly to the Board by that state on the “Verification of Licensure or Certification from Another State” form.
- Notarized Statement of Prior Licensing Jurisdictions – The applicant shall submit a notarized statement listing all licensing jurisdictions in which he/she formerly practiced and a signed “Release of Information” granting the Board permission to contact said jurisdictions for verification of disciplinary history and current status.
- Determination of Substantial Similarity of Licensing Standards – The applicant shall submit a copy of the statute and rules of licensure from the state issuing his/her license. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the educational, experience and supervision requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant’s licensing state are substantially similar to those of Delaware.
SOURCE: DE Admin Code Title 24, 3000 (2.6, 4.2, 5.2). (Accessed Sept. 2025).
Art Therapists Reciprocity
Licensure by Reciprocity Requirements:
- Proof of Licensure Status – The applicant shall hold an active art therapy license in good standing from another state. Verification of licensure status shall be submitted directly to the Board by that state on the “Verification of Licensure or Certification from Another State” form.
- Determination of Substantial Similarity of Licensing Standards – The applicant shall submit a copy of the statute and rules of licensure from the state issuing his/her license. The burden of proof is upon the applicant to demonstrate that the statute and rules of the licensing state are at least equivalent to the educational, experience and supervision requirements of this State. Based upon the information presented, the Board shall make a determination regarding whether the licensing requirements of the applicant’s licensing state are substantially similar to those of Delaware.
SOURCE: DE Admin Code Title 24, 3000 (7.6). (Accessed Sept. 2025).
Last updated 09/05/2025
Definitions
Applies to: Physicians, Podiatry, Optometry, Chiropractic, Dentistry, Nursing, Occupational Therapy, Mental Health, Chemical Dependency Professionals, Psychology, Dietetic and Nutrition Therapy, and Clinical Social Workers
“Telehealth” means the use of information and communications technologies consisting of telephones, remote patient monitoring devices or other electronic means which support clinical health-care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation.
“Telemedicine” means a form, or subset, of telehealth, which includes the delivery of clinical health-care services by means of real time 2-way audio (including audio-only conversations, if the patient is not able to access the appropriate broadband service or other technology necessary to establish an audio and visual connection), visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitates the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient’s health-care.
SOURCE: Title 24, Ch. 60, Sec. 6001(5) & (6). (Accessed Sept. 2025).
Physical Therapy
“Telehealth is the use of electronic communications to provide and deliver a host of health-related information and healthcare services, including physical therapy and athletic training related information and services, over large and small distances. Telehealth encompasses a variety of healthcare and health promotion activities, including education, advice, reminders, interventions, and monitoring of intervention.”
SOURCE: 24 DE Administrative Code 2600(14). (Accessed Sept. 2025).
Social Workers
“Telehealth” means the practice of social work by distance communication technology, such as, but not necessarily limited to, telephone, email, Internet-based communications, and videoconferencing. The licensee shall use telehealth only where appropriate based on the licensee’s professional judgment.
SOURCE: 24 DAC 3900, 10. (Accessed Sept. 2025).
Optometrists
Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including optometry-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
SOURCE: 24 DAC 2100, 5. (Accessed Sept. 2025).
Dentistry
Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including dentistry and dental hygiene-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
SOURCE: 24 DAC 1100, 13. (Accessed Sept. 2025).
Dietitians
Telehealth is the use of electronic communications to provide and deliver a host of health-related information and health-care services, including dietetics and nutrition-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of interventions.
SOURCE: 24 DAC 3800. 9.0. (Accessed Sept. 2025).
Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers
Telepractice is the application of telecommunications technology to the delivery of speech/language pathology, audiology and hearing aid dispensing professional services at a distance by linking clinician to client or clinician to clinician for intervention and/or consultation, subject to subsection 10.2.4.5, intervention and/or consultation.
SOURCE: DE Admin Code Title 24, 3700(10.1). (Accessed Sept. 2025).
Pharmacy
Telehealth means the use of information and communications technologies consisting of telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation. Telehealth may be used for patient counseling only.
SOURCE: DE Admin Code Title 24, 2500(1). (Accessed Sept. 2025).
Mental Health and Chemical Dependency Professionals
Telehealth Services means the practice of Mental Health Counseling, Chemical Dependency Counseling, or Marriage and Family Therapy (hereinafter referred to as Behavioral Health Practice) by distance communication technology such as but not necessarily limited to telephone, email, Internet-based communications, and videoconferencing.
SOURCE: DE Admin Code Title 24, 3000(11). (Accessed Sept. 2025).
NOTE: DE Professional Boards have different definitions of telehealth/telepractice/telemedicine. See Professional Board Standards section for references.
Licensure Compact Definitions
OT Compact: “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.
Counseling Compact: “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
ASLP-IC: “Telehealth” means the application of telecommunication, audio-visual, or other technology that meets the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention and/or consultation.
SOURCE: : Title 24, Ch. 20A, Sec. 2003A (OT); Ch. 30A Section 3002A (Counseling); Title 24, Ch. 37A, Section 3703A (Audiology & Speech-Language Pathology). (Accessed Sept. 2025).
Last updated 09/05/2025
Licensure Compacts
Member of the Advanced Practice Registered Nurse (APRN) Compact.
SOURCE: APRN Compact Map. (Accessed Sept. 2025).
Member of Audiology and Speech-Language Pathology Interstate Compact.
SOURCE: ASLP Compact Map. (Accessed Sept. 2025).
Member of Multistate Professional Counselor Licensure Compact.
SOURCE: Counseling Compact Map. (Accessed Sept. 2025).
Member of Emergency Medical Services Compact.
SOURCE: Interstate Commission for EMS Personnel Practice, Member States, (Accessed Sept. 2025).
Member of Interstate Medical Licensure Compact (IMLC)
SOURCE: IMLC. (Accessed Sept. 2025).
Member of Nurse Licensure (NLC) Compact.
SOURCE: Nurse Licensure Compact. Current NLC States. (Accessed Sept. 2025)
Member of Occupational Therapy Licensure Compact.
SOURCE: OT Compact Map. (Accessed Sept. 2025).
Member of Physician Assistant Licensure Compact.
SOURCE: PA Compact Map. (Accessed Sept. 2025).
Member of Physical Therapy Licensure Compact.
SOURCE: PT Compact. Member States. (Accessed Sept. 2025).
Member of Psychology Interjurisdictional Compact.
SOURCE: PSYPACT Map. (Accessed Sept. 2025).
Member of Social Work Licensure Compact.
SOURCE: SW Compact Map; SB 109 (2025 Session). (Accessed Sept. 2025).
* See Compact websites for implementation and license issuing status and other related requirements.
Last updated 09/05/2025
Miscellaneous
Legislation integrates mobile-integrated healthcare and community paramedicine programs into existing regulatory structures by authorizing the establishment of mobile-integrated healthcare and community paramedicine programs through the Office of Emergency Medical Services in the Department of Health and Social Service’s Division of Public Health. Mobile resources are defined to mean the ability of a paramedic or other emergency medical services provider to connect directly with members of the healthcare team via technology, such as telehealth, that allows for real time discussion of the patient’s healthcare needs and possible visual examination of a specific concern.
SOURCE: DE Code, Title 16, Chap. 98, Sec. 9801-9802. (Accessed Sept. 2025).
Legislation effective July 1, 2025, requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. The medication and contraception must be provided on-site, but consultation to provide them may be performed by a provider at the student health center or by a provider who is associated with a university-contracted external agency. Exceptions are included in the bill for universities not equipped or staffed to provide medication abortion, which are instead required to provide information and referral services, including contact information for other providers that may include telehealth providers. The university is also required to provide a private space to engage in telehealth appointments if requested by the student.
SOURCE: DE Code, Title 14, Chap. 90F, Sec. 9001F-9004F. (Accessed Sept. 2025).
The practice of genetic counseling includes the use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.
SOURCE: Title 24, Chap. 17, Sec. 1799H. (Accessed Sept. 2025).
Last updated 09/05/2025
Online Prescribing
Health-care providers may not deliver health-care services by telehealth and telemedicine in the absence of a health-care provider-patient relationship. A health-care provider-patient relationship may be established either in-person or through telehealth and telemedicine but must include all of the following:
- Thorough verification and authentication of the location and, to the extent possible, identity of the patient.
- Disclosure and validation of the provider’s identity and credentials.
- Receipt of appropriate consent from a patient after disclosure regarding the delivery model and treatment method or limitations, including informed consent regarding the use of telemedicine technologies as required by paragraph (a)(5) of this section.
- Establishment of a diagnosis through the use of acceptable medical practices, such as patient history, mental status examination, physical examination (unless not warranted by the patient’s mental condition), and appropriate diagnostic and laboratory testing to establish diagnoses, as well as identification of underlying conditions or contra-indications, or both, for treatment recommended or provided.
- Discussion with the patient of any diagnosis and supporting evidence as well as risks and benefits of various treatment options.
- The availability of a distant site provider or other coverage of the patient for appropriate follow-up care.
- A written visit summary provided to the patient.
Health-care services delivered by telehealth and telemedicine may be synchronous or asynchronous using store-and-forward technology. Telehealth and telemedicine services may be used to establish a provider-patient relationship only if the provider determines that the provider is able to meet the same standard of care as if the health-care services were being provided in-person.
Treatment and consultation recommendations delivered by telehealth and telemedicine shall be subject to the same standards of appropriate practice as those in traditional (in-person encounter) settings. In the absence of a proper health-care provider-patient relationship, health-care providers are prohibited from issuing prescriptions solely in response to an Internet questionnaire, an Internet consult, or a telephone consult.
Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during:
- Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation.
- Furnishing of assistance by a health-care provider in case of an emergency or disaster when circumstances do not permit the establishment of a health-care provider-patient relationship prior to the provision of care if no charge is made for the medical assistance.
- Episodic consultation by a specialist located in another jurisdiction who provides such consultation services at the request of a licensed health-care professional.
- Circumstances which make it impractical for a patient to consult with the health-care provider in-person prior to the delivery of telemedicine services.
A mental health provider, behavioral health provider, or social worker licensed in another jurisdiction who would be authorized to deliver health-care services by telehealth or telemedicine under this chapter if licensed in this State pursuant to Chapter 30 (Mental Health and Chemical Dependency Professionals), Chapter 35 (Psychologists), or Chapter 38 (Social Workers) of this title may provide treatment to Delaware residents through telehealth and telemedicine services. The Division of Professional Regulation shall require any out-of-state health-care provider practicing in this State pursuant to this section to complete a Medical Request Form and comply with any other registration requirements the Division of Professional Regulation may establish.
Delaware Board of Medical Licensure has specific requirements for electronic prescribing.
SOURCE: DE Admin Code, Title 24, Sec. 1700(19). (Accessed Sept. 2025).
Consulting Physician
Consultation may be done telephonically, electronically or in person. Consultation shall ordinarily consist of a history and physical examination, review of records and imaging pathology or similar studies. Consultation includes providing opinions and recommendations. An active Delaware certificate is required of any out of state physician who comes into Delaware to perform a consultation more than twelve (12) times per year. A physician who comes into Delaware to perform consultations must be actively licensed in another State or country on a full and unrestricted basis. Any consultations done for teaching and/or training purposes may include active participation in procedures and treatment, whether surgical or otherwise, provided a Delaware licensed physician remains responsible as the physician of record, and provided the patient is not charged a fee by the consultant.
SOURCE: DE Admin Code, Title 24, Sec. 1700, 6. (Accessed Sept. 2025).
Optometrists
All initial evaluations shall be performed face to face and not through telehealth or internet unless another Delaware-licensed optometrist or ophthalmologist is present at the originating site with the patient at the time of the diagnosis, or the provider meets the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.
SOURCE: 24 DAC 2100, 5. (Accessed Sept. 2025).
Pharmacists
Telehealth may be used for patient counseling only.
SOURCE: 24 DAC 2500, 5.2. (Accessed Sept. 2025).
Pharmacists practicing within or outside of the state are prohibited from dispensing prescription drug orders through an Internet pharmacy if the pharmacist knows that the prescription order was issued solely on the basis of an Internet consultation or questionnaire, or medical history form submitted to an Internet pharmacy through an Internet site or that the prescription was issued by a practitioner who does not have a patient-practitioner relationship with the Delaware patient.
SOURCE: DE Code, Title 16, Chapter 47, Sec. 4744(d)(1)(a-b). (Accessed Sept. 2025).
Uniform Controlled Substances Act
Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researcher or other controlled substance registrant who has or proposes to engage in activities accordingly within this State must obtain biennially a registration issued by the Secretary in accordance with the Secretary’s rules.
The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State, or holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest.
SOURCE: DE Code, Title 16, Chap. 47, Sec. 4732 & 4733. (Accessed Sept. 2025).
“Patient-practitioner relationship” means, with respect to prescribing drugs for a patient, that the practitioner is a licensed practitioner who meets 1 or more of the following:
- Has conducted at least 1 in-person medical evaluation of the patient and performed a medical history and physical examination sufficient to establish a diagnosis and to identify underlying conditions of, or contraindications to, the treatment recommended or provided.
- Personally knows the patient and the patient’s general health status through an existing patient-practitioner relationship.
- Provides treatment in consultation with or upon referral of another practitioner who has an existing patient-practitioner relationship with the patient and who has agreed to supervise the patient’s treatment, including follow-up care and use of the prescribed medications.
- Provides treatment to the patient through an on-call or cross-coverage situation for another practitioner who has an existing patient-practitioner relationship with the patient.
- Provides continuing medications on a short-term basis for a new patient prior to the first appointment.
- Provides treatment based upon admission orders for a newly hospitalized patient.
- Provides treatment for opioid use disorder under a properly established provider-patient relationship as provided by § 6003 of Title 24 for Schedule III through V medications approved by the Federal Drug Administration for such treatment.
SOURCE: Title 16, Chap. 47, Sec. 4701 as amended by SB 101 (2025 Session). (Accessed Sept. 2025).
NOTE: DE Professional Boards have different and varying requirements related to establishing a patient-provider relationship. See Professional Board Standards section for references and additional Board telehealth practice requirements.
Last updated 09/05/2025
Professional Board Standards
Health-care providers licensed by the following professional boards are authorized to deliver health-care services by telehealth and telemedicine:
- The Board of Podiatry created pursuant to Chapter 5 of this title.
- The Board of Chiropractic created pursuant to Chapter 7 of this title.
- The Board of Medical Practice created pursuant Chapter 17 of this title.
- The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.
- The Delaware Board of Nursing created pursuant to Chapter 19 of this title.
- The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.
- The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.
- The Board of Pharmacy created pursuant to Chapter 25 of this title.
- The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.
- The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.
- The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.
- The Board of Social Work Examiners created pursuant to Chapter 39 of this title.
A professional board may promulgate or revise regulations and establish or revise rules applicable to health-care providers under the professional Board’s jurisdiction in order to facilitate the provision of telehealth and telemedicine services.
Practice requirements:
A health-care provider using telemedicine and telehealth technologies to deliver health-care services to a patient must, prior to diagnosis and treatment, do at least one of the following:
- Provide an appropriate examination in-person.
- Require another Delaware-licensed health-care provider be present at the originating site with the patient at the time of the diagnosis.
- Make a diagnosis using audio or visual communication.
- Meet the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.
After a health-care provider-patient relationship is properly established in accordance with this section, subsequent treatment of the same patient by the same health-care provider need not satisfy the limitations of this section.
A health-care provider treating a patient through telemedicine and telehealth must maintain complete records of the patient’s care and follow all applicable state and federal statutes and regulations for recordkeeping, confidentiality, and disclosure to the patient.
Telehealth and telemedicine services shall include, if required by the applicable professional board listed, use of the Delaware Health Information Network (DHIN) in connection with the practice.
Nothing in this section shall be construed to limit the practice of radiology or pathology.
SOURCE: DE Statute Title 24, Chap. 60, Sec. 6002 & 6004. (Accessed Sept. 2025)
Physical Therapists and Athletic Trainers
SOURCE: DE Statute Title 24, Chapter 26, Sec. 2600; 24 DAC 2600.14. (Accessed Sept. 2025).
Board of Clinical Social Work Examiners
SOURCE: 24 DE Statute Title 24, Chapter 39, 3920; 24 DAC 3900, 10 (Accessed Sept. 2025).
Board of Professional Counselors of Mental Health and Chemical Dependency Professionals
SOURCE: 24 DAC 3000.11. (Accessed Sept. 2025).
Board of Dentistry and Dental Hygiene
SOURCE: 24 DAC 1100 (Accessed Sept. 2025).
Board of Pharmacy
SOURCE: 24 DAC 2500 (Accessed Sept. 2025).
Board of Examiners in Optometry
SOURCE: 24 DAC 2100, 5. (Accessed Sept. 2025).
Board of Dietetics/Nutrition
SOURCE: 24 DAC 3800.9 (Accessed Sept. 2025).
Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers
SOURCE: 24 DAC 3700, 10 as amended by Final Rule. (Accessed Sept. 2025).
