The short answer for Delaware. A qualified practitioner must evaluate the patient and document the decision before treatment. Delegation is only as good as the documentation behind it.
A good faith exam is a clinical evaluation by a licensed provider, before treatment, establishing that the treatment is appropriate for that patient. What differs between states is who is allowed to perform it, whether it may happen remotely, and what has to be documented. This page sets out what we have verified for Delaware against primary sources, and says so plainly where a question is unsettled.
Who may perform the good faith exam in Delaware
A qualified practitioner must evaluate the patient and document the decision before treatment. Delegation is only as good as the documentation behind it.
Medical director. A Delaware-licensed MD or DO. Delaware grants nurse practitioners full practice authority, but the med spa director role is physician-held where the menu exceeds NP scope.
Delegation and supervision. NP under full practice authority within NP scope; PA under the applicable arrangement; RN within scope on a valid order, documented.
The gate that catches operators in Delaware
The same-profession rule kills mixed-licence equity. A physician and a nurse practitioner cannot co-own one Delaware professional service corporation.
Delaware is where people incorporate by reflex. The general corporation law is permissive; the professional service corporation statute is not, and only the second one governs the clinical entity.
What makes the exam defensible
Nobody is ever asked to produce a good faith exam on a good day. The request arrives after a complication, a board complaint, an insurance audit or a buyer’s diligence. Five things decide whether what you hand over helps you:
- A qualified practitioner, permitted in that state, actually performed it.
- A real evaluation happened — history, indications, contraindications, and a decision.
- The treatment plan and the order are specific: drug or device, site, dose or settings.
- Informed consent was taken and recorded before treatment, not after.
- The record still exists, unaltered and retrievable, two years later when somebody asks.
Only the first of those is state-specific. The other four fail in exactly the same way in Delaware as everywhere else, and they are where most exam processes actually break — not on the licence question, but on documentation nobody kept.
How Delaware sits on structure
Corporate practice of medicine. Yes. A professional service corporation may be formed only by licensees of the SAME profession.
The exam and the structure are separate questions and they fail separately. A perfectly documented exam performed inside an entity that may not lawfully deliver the service is still a problem, and a clean entity does not save a rubber-stamped exam. See medical direction in Delaware for the structure side.
What MDside provides in Delaware
- Delaware-licensed physicians performing the exam themselves — not a queue of signatures.
- A written evaluation, treatment plan and order per patient, in a record you keep and can export.
- Protocols and delegation written to Delaware, matched to the services actually on your menu.
- A named Delaware medical director doing the work, where your structure needs one.
- 503A and 503B pharmacy relationships and in-house lab draws where the treatment calls for them.
Book a call and we will read your current exam process against the five tests above, in Delaware and any other state you operate in. The review is free and you are not obliged to use us for the fix.
Read the detail on Delaware
Frequently asked questions
Who can perform a good faith exam in Delaware?
A qualified practitioner must evaluate the patient and document the decision before treatment. Delegation is only as good as the documentation behind it.
Can the exam be done by telehealth in Delaware?
That depends on the state rule above and on the treatment. Where we have verified a restriction it is stated on this page; where the position is unsettled we say so rather than guess, and we confirm it with the board before you build a remote funnel.
Does Delaware require a physician medical director?
A Delaware-licensed MD or DO. Delaware grants nurse practitioners full practice authority, but the med spa director role is physician-held where the menu exceeds NP scope.
What happens if the exam is not documented?
The exam effectively did not happen. In a complaint, an audit or a sale, an undocumented evaluation is treated as no evaluation — which is why the record, not the call, is the thing you are actually buying.
Primary sources for Delaware: Del. Code tit. 8 ch. 6 (Professional Service Corporations); Del. Code tit. 24 ch. 17 (Medical Practice Act); Del. Code tit. 24 ch. 19. Last reviewed 2026-09-03. Corrections are welcome and get made: contact us.
General information about good faith exams and practice structure in Delaware, not legal advice. Requirements differ by state and change often. Confirm your obligations with healthcare counsel licensed in Delaware.