Verified October 10, 2026 against the statutes, regulations and sources cited below. The state decides every application. All states
What operators miss in Delaware
- The former Substance Abuse Treatment Act (16 Del. C. ch. 22) was repealed by 85 Del. Laws c. 461, effective Aug. 31, 2026; section 12 of that act governs how the new chapter applies and was not reviewed.
- DSAMH may impose civil penalties of up to $10,000 per violation; providing treatment without a license is a class A misdemeanor, and a felony if it causes or risks physical injury.
- Providers may not advertise or solicit within 500 feet of another provider organization's facility (16 Del. C. 5604(7)).
Does Delaware license behavioral health and addiction treatment programs?
Under the 2026 Behavioral Health chapter, no one may provide behavioral health treatment services, operate a program or advertise as licensed without a DSAMH license. Applications are made under oath with the fee, and licenses cannot be transferred. Private-practice clinicians and programs serving only children are exempt.
- Behavioral health treatment provider organization license (with program licenses and facility certifications)
- Issued by Delaware Division of Substance Abuse and Mental Health (DSAMH), Department of Health and Social Services
Citation: 16 Del. C. 5602, 5611-5614 (85 Del. Laws c. 461)
How often does a Delaware license renew?
- Due Before expiry; a timely renewal application keeps the license valid until DSAMH decides
What does Delaware require for owners, sales and moves?
- Ownership change or relocation: A license is not transferable. A provider must give DSAMH 90 days' notice before interrupting services or closing a program, except in a bona fide emergency.
Citation: 16 Del. C. 5607, 5614
What does an opioid treatment program need in Delaware?
- State opioid treatment authority: No agency named on SAMHSA list (Springer Building, New Castle; contact at delaware.gov)
- 17 opioid treatment programs in 2024 (N-SUMHSS)
How does Delaware treat recovery residences?
DSAMH contracts with a certifying organization to run voluntary recovery house certification, with renewal every two years. Local zoning must treat a certified recovery house as a single-family residential use.
- Voluntary certification
- NARR affiliate: First State Alliance of Recovery Residences
Citation: 16 Del. C. 2201A-2206A
Opening or expanding a program in Delaware?
We confirm what Delaware requires for your services and levels of care, prepare the application and every attachment for your owner or officer to sign, and track it to a decision. An outpatient program license is $1,995 per site. Every fee is flat and never depends on admissions or census.