Home › Jurisdictions › Delaware
AI Laws in Delaware
As of 2026-08-12, AI Laws USA tracks 10 AI rules in Delaware: 8 state-level rules and 2 county or city rules. Federal AI protections apply statewide on top of these — see the federal page. Each entry links to its official source.
Delaware state-level AI rules (8)
-
Enacted (not yet in effect)
Delaware HB 191 (AI clinician licensure ban)
Delaware · Del. HB 191 (2026), signed April 23, 2026
Delaware's HB 191, signed April 23, 2026, prohibits any non-human entity — including an AI-powered agent — from being licensed or certified to practice as a professional nurse, advanced practice registered nurse, practical nurse, physician, or physician assistant. It also bars non-human entities from using protected professional titles or abbreviations tied to those professions.
-
In effect
Delaware AI Medical-Titles Ban (no AI 'doctors')
Delaware · Effective 2026-04-23 · Del. H.B. 191, 153rd Gen. Assemb. (2025-2026) (amending 24 Del. C.)
This law makes clear that artificial intelligence and other nonhuman entities cannot be licensed or certified to practice medicine or nursing in Delaware. It bars AI agents from being licensed as a physician, physician assistant, professional nurse, advanced practice nurse, or practical nurse, and from using the professional titles or abbreviations tied to those roles, such as 'Dr.,' 'MD,' 'RN,' 'APRN,' or 'PA.' The intent is to prevent AI tools from misrepresenting themselves as licensed human clinicians, while still allowing AI to be used as a support tool by licensed professionals.
-
In effect
AG Jennings Completes Review of OpenAI Recapitalization (Sta
Delaware · Effective 2025-10-28 · AG Jennings Completes Review of OpenAI Recapitalization (Statement of No Objection with Governance Commitments)
Exercising Delaware's charitable/nonprofit oversight authority over OpenAI, Inc. (a Delaware nonprofit), AG Kathy Jennings issued a Statement of No Objection to OpenAI's recapitalization only after securing binding commitments keeping the nonprofit in control of the new public benefit corporation and prioritizing AI safety over financial interests.
-
In effect
DE DOI AI Bulletin
DE · Effective 2025-02-05 · Delaware Domestic and Foreign Insurers Bulletin No. 148 (2025-02-05)
The DE Department of Insurance adopted the NAIC Model Bulletin on Use of Artificial Intelligence Systems by Insurers. Insurers licensed in DE must maintain a written AI program with governance, risk-management, testing, third-party-AI oversight, and documentation controls. The bulletin operationalizes existing unfair-trade-practice and unfair-discrimination law as applied to insurers' AI use cases — underwriting, pricing, claims, fraud detection, and marketing.
-
In effect
Delaware Privacy Law (DPDPA)
Delaware · Effective 2025-01-01 · 6 Del. C. § 12D-101 et seq. (2023 DE HB 154)
Delaware residents can access, correct, delete, and port their personal data, and opt out of targeted advertising, data sales, and profiling used in solely automated decisions with legal effects. Applies at low thresholds (35,000 consumers).
-
In effect
Delaware Election Deepfake Law
Delaware · Effective 2024-10-09 · 2024 DE HB 316; 15 Del. C.
Delaware criminalizes distributing AI-generated deepfakes of candidates or election officials within 90 days of an election with intent to harm or deceive. Basic violations are a Class B misdemeanor, escalating to a Class E felony for repeats; a clear disclosure is a complete safe harbor.
-
In effect
Delaware Deepfake Intimate-Images Act
Delaware · Effective 2024-10-09 · Del. H.B. 353, 152nd Gen. Assemb. (2024) (amending 10 & 11 Del. C.)
This law extends Delaware's protections against the non-consensual sharing of intimate images to cover deepfakes — digitally created or altered images that falsely depict an identifiable real person nude or engaged in sexual conduct. Victims can pursue the same civil remedies available for the unauthorized disclosure of real intimate images, and offenders can face criminal charges under the state's privacy-violation laws. When an adult creates a sexual or nude depiction of a minor, the conduct is treated as a felony rather than a misdemeanor. The measure is also known as the Amelia Kramer Act.
-
In effect
Delaware AI Commission Act (government AI inventory)
Delaware · Effective 2024-07-17 · Del. H.B. 333, 152nd Gen. Assemb. (2024); 29 Del. C. ch. 90C
This law creates the Delaware Artificial Intelligence Commission, a state body charged with studying how artificial intelligence is used in Delaware government and recommending policies for its safe and responsible use. One of the Commission's required tasks is to take a full inventory of every generative-AI tool in use across the state's executive, legislative, and judicial agencies and to flag high-risk applications. The Commission issues recommendations but does not itself regulate private companies or impose penalties. It is scheduled to sunset ten years after enactment unless lawmakers extend it.
County and city AI rules in Delaware (2)
-
In effect
Data Center Land-Use Regulations (buffer, setback, decommiss
New Castle County, DE · Effective 2026-03-19 · Data Center Land-Use Regulations (buffer, setback, decommissioning, cooling)
New Castle County enacted regulations requiring new data centers to keep 1,000-foot residential setbacks, use closed-loop cooling and energy-efficient generators, and set aside decommissioning funds.
-
In effect
Wilmington DE GenAI Policy
Wilmington, DE · Effective 2024-07-01 · City of Wilmington DE IT Dept., GenAI Acceptable Use Policy (2024)
City of Wilmington DE administrative policy on employee use of generative AI with disclosure, prohibited-data, and human-review rules.
Delaware city guides
Browse the full directory · Browse by topic · Submit a correction