Ownership: C. 1760 to 1769D) do not address practice ownership.
Certificate of need: Yes.
Nurse practitioners: AANP classifies Delaware as full practice, with no transition-to-practice period listed on its fact sheet, and Delaware law describes an APRN as an independent licensed practitioner under the Board of Nursing (24 Del.
Who can own a medical clinic in Delaware
C. 1760 to 1769D) do not address practice ownership. We could not find a clear official statement on whether non-physicians can own a medical practice in Delaware, so confirm the structure with a healthcare attorney.
Sources: delcode.delaware.gov
Business entity and registration
Delaware entities are formed through the Delaware Division of Corporations. Confirm the details with the state board and a healthcare attorney.
Sources: corp.delaware.gov
Certificate of need in Delaware
Yes. Delaware's CON review covers hospitals, nursing homes, free-standing surgical, emergency, birthing and acute inpatient rehabilitation centers, continuing care facilities and major medical equipment, so freestanding ASCs and large imaging purchases can be affected while ordinary physician offices are not on the covered list.
Sources: ncsl.org
Licenses, registrations and state agencies
Ask the Delaware health department whether your clinic type needs a facility license.
Delaware-specific requirements to know
Prescribing controlled substances in Delaware requires a state Controlled Substance Registration in addition to a Delaware DEA registration, and every Delaware site where controlled substances are stored or dispensed needs CSR coverage; APRNs also need a separate controlled substance registration. A physician practice with multiple offices must have a physician member visit each office at least once a month (24 Del. C. 1769C). Prescribers registered with the Delaware Prescription Monitoring Program can check a patient's controlled substance history (16 Del. C. 4798).
Sources: dpr.delaware.gov, dpr.delaware.gov, delcode.delaware.gov, dpr.delaware.gov
Agencies you will deal with
- Medical board: Delaware Board of Medical Licensure and Discipline
- Board of nursing: Board of nursing
- Board of pharmacy: Board of pharmacy
- Business registration: Delaware Division of Corporations
- Facility licensing: Delaware Department of Health and Social Services, Division of Health Care Quality
- Medicaid enrollment: Delaware Medical Assistance Program (DMAP)
Nurse practitioners and physician assistants
Nurse practitioners: AANP classifies Delaware as full practice, with no transition-to-practice period listed on its fact sheet, and Delaware law describes an APRN as an independent licensed practitioner under the Board of Nursing (24 Del. C. 1902).
Sources: storage.aanp.org, delcode.delaware.gov
Physician assistants: A Delaware PA practices in collaboration with a licensed Delaware physician, and to prescribe controlled substances must have at least one collaborating physician for each practice location plus a Delaware Controlled Substance Registration and a Delaware DEA registration.
Sources: dpr.delaware.gov
Med spas, injectables and IV therapy in Delaware
We could not find complete published guidance on med spas, injectables or IV therapy in Delaware. Ask the medical board and the board of nursing directly, and confirm delegation and supervision with a healthcare attorney before offering these services.
Planning an aesthetic or IV business? See how to start a med spa and how to start an IV therapy business.
Step-by-step checklist in Delaware
- Choose your structure and check ownership rules. Decide who will own the practice and confirm it fits Delaware’s corporate practice of medicine rules. C. 1760 to 1769D) do not address practice ownership.
- Form the entity with the Delaware Division of Corporations. Delaware entities are formed through the Delaware Division of Corporations. Confirm the details with the state board and a healthcare attorney.
- Get federal numbers. Apply for an EIN from the IRS, then a Type 2 NPI for the practice and Type 1 NPIs for each clinician through NPPES.
- Confirm licenses with the Delaware Board of Medical Licensure and Discipline. Every physician needs a Delaware license. Check the board’s rules for any practice registrations, supervision agreements or office requirements before opening.
- Check certificate of need and facility licensing. Yes.
- Register to prescribe. Register with the DEA for controlled substances and complete any Delaware controlled substance registration and prescription monitoring program enrollment. Prescribing controlled substances in Delaware requires a state Controlled Substance Registration in addition to a Delaware DEA registration, and every Delaware site where controlled substances are stored or dispensed needs CSR coverage; APRNs also need a separate controlled substance registration.
- Set up lab, safety and privacy basics. Get a CLIA certificate if you will run any lab tests, including waived tests, and put HIPAA privacy and security and OSHA policies in place.
- Enroll with Medicare, Medicaid and insurers. Enroll in Medicare through PECOS, enroll with Delaware Medical Assistance Program (DMAP) and start commercial credentialing early, because payer enrollment often takes months.
- Plan staffing around NP and PA rules. AANP classifies Delaware as full practice, with no transition-to-practice period listed on its fact sheet, and Delaware law describes an APRN as an independent licensed practitioner under the Board of Nursing (24 Del. C. 1902).
- Launch your marketing before opening day. Claim your Google Business Profile, publish a website with online booking and start ads and content four to eight weeks before you open, so the schedule is not empty on day one.
The national steps are explained in more detail in our guide to how to start a medical clinic, and costs are broken down in how much it costs to start a clinic.
Marketing a new clinic in Delaware
New clinics usually fail on cash flow before they fail on care. The fastest fix is patients booked before opening day: a complete Google Business Profile, a website with online booking, local search ads and a few weeks of social content showing the team and the space. We run that launch for new clinics and keep it going once the doors open.
Plan your Delaware launch with us →
Sources
- https://delcode.delaware.gov/title24/c017/sc05/
- https://corp.delaware.gov/
- https://www.ncsl.org/health/certificate-of-need-state-laws
- https://storage.aanp.org/www/documents/no-index/state-fact-sheets/delaware.pdf
- https://delcode.delaware.gov/title24/c019/
- https://dpr.delaware.gov/boards/medicalpractice/physasstlicense/
- https://dpr.delaware.gov/boards/nursing/apnlicense/
- https://dpr.delaware.gov/boards/controlledsubstances/pmp/