(a) A licensee to whom a license to practice has been issued under this chapter has a duty to report to the Division in writing information that the licensee reasonably believes indicates any of the following:
(1) That any other licensee or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider’s licensing statute.
(2) That any other licensee or any other healthcare provider may be unable to practice with reasonable skill and safety to the public for any of the following reasons:
a. Mental illness or mental incompetence.
b. Physical illness, including deterioration through the aging process or loss of motor skill.
c. Excessive use or abuse of drugs, including alcohol.
(3) That an individual certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to clients for any of the following reasons:
a. Mental illness or mental incompetence.
b. Physical illness, including deterioration through the aging process or loss of motor skill.
c. Excessive use or abuse of drugs, including alcohol.
(b) A licensee must file a report required under subsection (a) of this section within 30 days of becoming aware of information listed in paragraphs (a)(1), (2), or (3) of this section. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, if the licensee acted in good faith and without gross or wanton negligence. Good faith is presumed until proven otherwise, and the licensee alleging gross or wanton negligence has the burden of proof.
78 Del. Laws, c. 26, § 8; 81 Del. Laws, c. 263, § 22.
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