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Delaware

Navigating Behavioral Health and Substance Use Disorder Facility Licensing in Delaware: A Step-by-Step Guide

 

You can’t start a compliant and successful mental health or substance use treatment program without first ensuring you are adhering to the state’s licensing requirements. Whether you’re seeking to open an outpatient facility (providing outpatient, intensive outpatient/ IOP, or partial hospitalization/ PHP) or a residential facility (detox/ withdrawal management, high intensity or low intensity residential) navigating Delaware’s regulatory landscape can be complex and time-consuming.

At Arrow Consulting, we specialize in guiding providers through every stage of the licensing process – ensuring your facility meets all regulatory standards and is fully prepared to deliver high-quality, legally compliant care.

 

Step-by-Step Guide to Getting Licensed in Delaware

  1. Decide what service you want to provide and which license you’ll need
    Decide whether your facility will provide mental health services or substance use disorder services. This decision determines the regulations you must follow and guides your application process.
  2. Review the regulations for the service you’ll provide
    Consult the Delaware Division of Substance Abuse and Mental Health (DSAMH) under the Department of Health and Social Services (DHSS) for the current licensing regulations and requirements for your specific service type. DSAMH oversees licensing for both mental health and substance use disorder treatment programs in the state. Delaware does not currently require a Certificate of Need (CON) or Determination of Need process for behavioral health facilities, but you should still review all applicable state, local, and zoning requirements to ensure there are no barriers to opening your program.
  3. Get your documents and processes in order
    Compile the documents required for your Delaware application. You’ll definitely need:
  • Organizational formation documents
  • Staffing plans
  • Facility floor plans/ building documents 
  • Relevant policies and procedures
  1. Once you finalize your application, submit it to the state
  • Mental Health Facilities (Residential, PHP, IOP): Submit to the Delaware Division of Health Care Quality within the Department of Health and Social Services (DHSS).
  • Substance Use Disorder Facilities (Detox, Residential, PHP, IOP): Submit to the Delaware Division of Substance Abuse and Mental Health (DSAMH).
  • See below for more information on these agencies
  1. Prepare for Inspection
    Depending on the service and level of care you decide Delaware may require an on-site inspection by the Division of Health Care Quality or DSAMH. Make sure your facility is in good shape and your leadership is prepared!
  2. Make any corrections and start providing services
    You may need to make some revisions to policies or other items as discussed with the state. Once you have completed your plan of correction, you will be issued your license and may commence providing services to your community.

 

Understanding Behavioral Health Facility Licensing Requirements in Delaware

 

Licensing for Substance Use Disorder (SUD) Facilities

Substance use disorder treatment facilities in Delaware are licensed and regulated by the Delaware Division of Substance Abuse and Mental Health (DSAMH), part of the Department of Health and Social Services (DHSS).

PHP and IOP for SUD:
PHP and IOP programs for substance use disorder treatment must provide structured, intensive services and comply with Delaware requirements for:

  • Qualified staffing
  • Therapeutic programming
  • Patient care standards
  • Emergency preparedness

Detox and Residential Treatment:
Detox programs in Delaware must be licensed by the Delaware Division of Substance Abuse and Mental Health (DSAMH) under the Department of Health and Social Services (DHSS) and must meet state standards for:

  • Medically supervised withdrawal management
  • On-site licensed professionals (e.g., physicians and nurses)
  • Patient safety and clinical oversight
  • Staffing qualifications
  • Facility operations and compliance with DSAMH regulations

 

Licensing for Mental Health Facilities

Mental health facilities in Delaware are licensed by the Delaware Division of Substance Abuse and Mental Health (DSAMH) under the Department of Health and Social Services (DHSS).

PHP and IOP for Mental Health:
Mental health PHP and IOP programs must meet state standards for:

  • Therapeutic services
  • Staffing qualifications
  • Patient safety
  • Quality care

Residential Treatment Facilities in Mental Health:

Facilities providing residential mental health services in Delaware must be licensed by DSAMH and are required to meet state standards for:

  • 24/7 care in a structured environment
  • Therapeutic services
  • Staffing qualifications
  • Patient safety
  • Quality care




Let Arrow Consulting handle the entire process for you – ensuring a smooth, compliant, and efficient licensing experience.