reglab/housing_qa huggingface dataset:
16 DE Code § 2211. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2211. Involuntary treatment.

§ 2211. Involuntary treatment. (a) A person in need of treatment shall be involuntarily admitted to a licensed residential treatment facility or outpatient treatment program upon a written request for involuntary treatment that provides a factual basis for the request by anyone with knowledge that an individual may be a person in need of treatment and the written certification by a physician that the individual is a person in need of treatment as provided for in this chapter. The request for involuntary treatment shall concisely provide the observations, circumstances and knowledge of the requestor regarding the requestor's belief that a particular individual is in need of treatment. The request shall also contain the written certificate of a physician stating that the physician has reviewed the request and examined the patient and concluded that in the physician's medical opinion the particular individual is a person in need of treatment and is either incapable of or unwilling to consent to treatment. If the individual is incapable of consenting to treatment, the certificate shall state with particularity the physician's findings regarding why the individual is incapable of providing voluntary informed consent to treatment. The refusal to undergo treatment does not in itself constitute evidence of lack of judgment as to the need for treatment. (b) Any peace officer or designated transport personnel may lawfully transport an individual whom they reasonably believe is a person in need of treatment without the consent of said individual, to or from a hospital, physician's office or licensed treatment facility for the purpose of carrying out this section. (c) Upon admission of the person in need of treatment, the facility shall evaluate and treat the individual as medically necessary and appropriate for a period not to exceed 2 working days. (d) The State Treasurer shall pay sheriffs and deputy sheriffs for service as peace officers under this section at the rate of the state's mileage reimbursement amount for each mile necessarily traveled and a custody fee of $25 for the first peace officer and $15 for each additional peace officer, and shall pay medical doctors for services under this section $15 for each case, unless the medical doctor is reimbursed under another public or private plan. (e) The administrator in charge of a licensed treatment facility shall refuse an application if the request for treatment or physician's certificate fails to meet the requirements of this section. 73 Del. Laws, c. 358, §  2;  70 Del. Laws, c. 186, §  1;
16 DE Code § 2212. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2212. Commitment; judicial proceedings.

§ 2212. Commitment; judicial proceedings. (a) Not more than 2 working days after the date a patient is admitted to a licensed treatment facility or program under a request for involuntary treatment, the administrator of the treatment facility, through the Attorney General, shall file a petition for involuntary commitment to a licensed treatment facility, supported by affidavit with the Court, unless the patient is discharged or admitted on a voluntary basis. The petition shall state that the administrator, as petitioner, based upon an evaluation by a physician, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person in need of treatment who should be continued as a patient at the facility pursuant to this chapter until the patient is determined no longer to be in need of treatment at the treatment facility or program. The petition shall also state that the involuntary patient has been advised of the patient's procedural and substantive rights under this chapter. A copy of supporting certificates by an examining physician shall be attached to the petition. (b) Upon the filing of a petition, the facility may continue to treat the patient as medically necessary and appropriate on an involuntary basis pending a judicial hearing on the petition. (c) The petition shall indicate the facility's reasonable belief, based upon investigation, as to whether the involuntary patient is able to afford counsel and an independent expert witness. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2213. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2213. Limitation on involuntary treatment.

§ 2213. Limitation on involuntary treatment. Subject to Chapters 50 and 51 of this title, no person shall be involuntarily admitted or committed to or confined as a patient at a residential treatment facility, and such facilities, other than general hospitals, shall not admit or confine as an involuntary patient any person, unless:  (1) Such person is determined to be a person in need of treatment in accordance with the procedures of this chapter; and (2) Said treatment facility has been specifically designated as an appropriate facility for the treatment of involuntary adult patients by the Secretary of Health and Social Services and by the Department of Services for Children, Youth and Their Families for the treatment of involuntary minor patients.73 Del. Laws, c. 358, §  2;
16 DE Code § 2214. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2214. Hearing on petition; notice; decision; review.

§ 2214. Hearing on petition; notice; decision; review. Upon the filing of the petition the court shall promptly:  (1) Schedule a hearing to determine based on clear and convincing evidence whether the patient is a person in need of treatment and that cause exists for the involuntary treatment of the patient, and if unable to afford counsel, to appoint counsel to represent the involuntary patient. Such hearing shall be held as soon as practicable, but no later than 8 working days from the filing of the petition. (2) Direct that notice of the hearing and copies of pleadings be supplied to the involuntary patient and the patient's counsel. In the case of a minor, copies of the pleading will be supplied to the patient's parents or legal guardian. (3) Enter such other orders as may be appropriate, including an order authorizing the continued involuntary treatment of the patient until further order of the court. (4) If the court determines after a hearing that the patient is not a person in need of treatment or that such patient does not need involuntary treatment, the patient shall be discharged in accord with the court's order. If the court determines that the patient is a person in need of treatment who is unwilling to accept or incapable of accepting voluntary treatment, it may order continued treatment for an additional period not to exceed 30 days. Thereafter, the court shall schedule an additional hearing within 30 days to review the need for continued involuntary treatment unless the court is informed the patient is under voluntary treatment or has been appropriately discharged from treatment. If continued involuntary treatment is warranted beyond the 30 days, the court shall hold hearings to determine the necessity for continued involuntary treatment at intervals of not more than 6 months. A patient involuntarily receiving treatment, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court. (5) The court for good cause may order that judicial proceedings under this chapter take place in the Superior Court or Family Court in a county other than the county in which the action was initiated.73 Del. Laws, c. 358, §  2;
16 DE Code § 2215. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2215. Procedural rights of involuntary patients.

§ 2215. Procedural rights of involuntary patients. An individual whom the staff of a facility has determined to be a person in need of treatment will be provided:  (1) Notice (including a written statement) of the factual grounds upon which the proposed treatment is predicated and the reasons for the necessity of involuntary treatment and confinement. (2) Judicial review and determination of:  a. Whether the involuntary patient's confinement is based upon sufficient cause; b. Whether the involuntary patient is a person in need of treatment; and c. Whether a less restrictive placement such as nonresidential treatment is more appropriate. Such hearings shall be without jury and not open to the public and shall be preceded by adequate notice to the involuntary patient, and the involuntary patient shall be entitled to be present at all such hearings. (3) Representation by counsel at all judicial proceedings, such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel; (4) Examination by an independent, licensed professional in the area of substance abuse and treatment and to have such persons testify as a witness on the patient's behalf, such witness to be court-appointed if the involuntary patient cannot afford to retain such witness. (5) Reasonable discovery, the opportunity to summon and cross-examine witnesses, to present evidence on the person's own behalf and to all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter and the patient's testimony, if any, shall not otherwise be admissible in any criminal proceedings against the patient. (6) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.73 Del. Laws, c. 358, §  2;
16 DE Code § 2216. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2216. Discharge by the facility.

§ 2216. Discharge by the facility. Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the petition is filed the staff of the facility determines that the involuntary patient is no longer in need of involuntary treatment, the facility may so certify in writing and discharge the patient, and shall promptly notify the court of its discharge, and the court may dismiss the action. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2217. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2217. Changing to voluntary status.

§ 2217. Changing to voluntary status. An involuntary patient is entitled to change that patient's own status to that of a voluntary patient if a member of the staff of the facility certifies that:  (1) The patient is reasonably capable of understanding the nature of the decision to change status; and (2) Such a change is in the patient's best interest. If such a change in status is challenged within 2 days by the patient's next of kin or legal representative, the court will schedule a hearing to finally determine the matter.73 Del. Laws, c. 358, §  2;  70 Del. Laws, c. 186, §  1;
16 DE Code § 2218. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2218. Enlargement of time.

§ 2218. Enlargement of time. Notwithstanding the above provisions of this chapter, except for the time to appeal, the court may enlarge the time for performance for a reasonable period upon a showing of good cause. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2219. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2219. Appeal; rules of procedure.

§ 2219. Appeal; rules of procedure. (a) Any party to the proceedings may appeal an order of discharge or involuntary treatment to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs. (b) The Superior Court and the Family Court may adopt such rules of procedure as may be required to implement the procedural requirements of this chapter. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2221. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2221. Devolution of rights.

§ 2221. Devolution of rights. Where consistent with the nature of each right in § 2220 of this title and unless otherwise provided by state or federal law, all of such rights, particularly as they pertain to a person adjudicated incompetent in accordance with state law, or a patient who is found physically or mentally incapable by the patient's own attending physician, or a patient who is unable to communicate with others, or a minor under the age of 18 years who does not consent to treatment under this chapter, shall devolve to the patient's next of kin, legal guardian, legal custodian, relative caregiver, parents, representative, sponsoring agency or representative payee (except where the facility itself is the representative payee) selected pursuant to § 205(j) of the Social Security Act [42 U.S.C. § 405(j)]. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2222. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2222. Immunity, limitation of liability.

§ 2222. Immunity, limitation of liability. Any peace officer, emergency medical technician, firefighter, ambulance attendant, physician, employee of the Division, administrator or staff of a treatment facility, or other person acting under their supervision or assisting them, as well as the entities that may employ or direct the foregoing, acting or omitting to act within this chapter shall not be subject to any civil claim or civil legal proceeding of any nature, in law or equity, for damages of any nature or for any harm resulting from any act or proceeding, decision or determination undertaken, performed or recommended unless such harm was intentionally or recklessly caused by the misconduct of the foregoing individuals. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2223. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties.

§ 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties. (a) Any person that willingly causes or conspires with or assists another to cause:  (1) The unwarranted involuntary confinement of any individual in a substance abuse treatment facility under this chapter; or (2) The denial to any individual of any of the rights accorded to said individual under this chapter; Shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both. (b) The Superior Court shall have jurisdiction of offenses under this section. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2224. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2224. Reporting requirements.

§ 2224. Reporting requirements. (a) Any employee of a facility or anyone who provides services to a patient of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, neglected or financially exploited shall immediately report such abuse, mistreatment, neglect or financial exploitation to the Department by oral and written communication. The written report shall be filed by the employee or service provider within 48 hours after the employee or service provider first gains knowledge of the abuse, mistreatment, neglect or financial exploitation. (b) Any person required by subsection (a) of this section to make an oral and a written report who fails to do so shall be liable for a civil penalty not to exceed $1,000 per violation. (c) In addition to those persons subject to subsection (a) of this section, any other person may make such a report if such person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, neglected or financially exploited. (d) Any individual who intentionally makes a false report under this subchapter shall be guilty of a class A misdemeanor. (e) Any correspondence or other written communication from a patient to the Department, the Attorney General's office and/or a law-enforcement agency shall, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility or service provider to the agency to which it is written. Any correspondence or other written communication from the Department, the Attorney General's office and/or a law enforcement agency to a patient shall, if delivered to or received by the facility or other service provider, be promptly forwarded, unopened, by the facility or other service provider to such patient. Failure to comply with this section shall result in a civil penalty not to exceed $1,000 per violation. 73 Del. Laws, c. 358, §  2;
16 DE Code § 2225. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2225. Coverage of persons for substance abuse treatment.

§ 2225. Coverage of persons for substance abuse treatment. 81 Del. Laws, c. 28, §  2;  expired under 81 Del. Laws, c. 28, §  5;
16 DE Code § 2226. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 22. Substance Abuse Treatment Act|§ 2226. Distribution of fentanyl testing strips; immunity.

§ 2226. Distribution of fentanyl testing strips; immunity. (a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the distribution of fentanyl testing strips. Fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer's knowledge. In 2018, fentanyl was involved in 72% of overdose deaths in Delaware. The distribution of fentanyl testing strips provides an opportunity to prevent potential overdose deaths. (b) For purposes of this section, “person” means 1 of the following that provides aid to drug users without the expectation of monetary or other compensation from the individual aided:  (1) A lay individual. (2) A nonprofit organization. (c) This section does not apply to any of the following:  (1) A manufacturer or distributor of fentanyl testing strips. (2) A pharmacy. (3) A hospital. (4) A medical clinic. (5) A for profit organization. (6) A credentialed individual. (d) A person may distribute functional fentanyl testing strips to determine the presence of fentanyl or fentanyl-related substances. (e) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances under this section must do so in good faith and with reasonable care.  (f) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances is not subject to civil damages in excess of the limits of any applicable insurance coverage, unless it is established that the person caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.  (g) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities under Chapter 40 of Title 10. 83 Del. Laws, c. 21, § 1;
16 DE Code § 2302. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 23. Caustic Alkali, Acids or Corrosive Substances|§ 2302. Selling in misbranded parcel.

§ 2302. Selling in misbranded parcel. No person shall sell, barter or exchange, or receive, hold, pack, display, or offer for sale, barter or exchange, in this State, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, the parcel, package or container being designed for household use. Household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale and distributed in this State by any dealer, wholesale or retail. 35 Del. Laws, c. 54, §  2;  Code 1935, §  854;  16 Del. C. 1953, §  2302;
16 DE Code § 2303. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 23. Caustic Alkali, Acids or Corrosive Substances|§ 2303. Approval and registration of brands and labels.

§ 2303. Approval and registration of brands and labels. (a) The Department of Health and Social Services may approve and register such brands and labels intended for use under this chapter as may be submitted to it for that purpose and as may in its judgment conform to the requirements of this chapter. (b) In any prosecution under this chapter the fact that any brand or label involved in the prosecution has not been submitted to the Department of Health and Social Services for approval, or, if submitted, has not been approved by it, shall be immaterial. 35 Del. Laws, c. 54, §  4;  Code 1935, §  856;  16 Del. C. 1953, §  2303;  70 Del. Laws, c. 149, §§  135, 136;
16 DE Code § 2304. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 23. Caustic Alkali, Acids or Corrosive Substances|§ 2304. Penalties.

§ 2304. Penalties. Whoever violates this chapter shall be fined not more than $200 or imprisoned not more than 90 days, or both. 35 Del. Laws, c. 54, §  3;  Code 1935, §  855;  16 Del. C. 1953, §  2304;
16 DE Code § 2401. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 24. Hazardous Chemical Information|§ 2401. Short title.

§ 2401. Short title. This chapter shall be known and may be cited as the “Hazardous Chemical Information Act.” 64 Del. Laws, c. 344, §  1;
16 DE Code § 2402. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 24. Hazardous Chemical Information|§ 2402. Declaration of purpose.

§ 2402. Declaration of purpose. The General Assembly finds that the health and safety of persons living and working in Delaware may be improved by providing access to information regarding hazardous chemicals to which they may be exposed either during their normal employment activities or during emergency situations. The General Assembly also finds that many employers in the State have already established suitable information programs for their employees and that such programs will be required of all manufacturing employers by November, 1985, under the federal Occupational Safety and Health Administration's hazard communication standard. It is therefore, the intent and purpose of this chapter to provide accessibility to information regarding hazardous chemicals to employees who may be exposed to such chemicals in nonmanufacturing employer workplaces as well as to emergency service organizations whose members may be exposed to such chemical hazards during emergency situations. 64 Del. Laws, c. 344, §  1;
16 DE Code § 2404. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 24. Hazardous Chemical Information|§ 2404. Relationship to OSHA standard.

§ 2404. Relationship to OSHA standard. (a) Manufacturing employers and distributors that are regulated by and complying with the OSHA standard shall be exempt from this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title. Manufacturing employers and distributors shall be included under this chapter until the OSHA standard goes into effect. (b) Nonmanufacturing employers that adopt and comply with the OSHA standard may be certified by the Secretary as in compliance with this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title. 64 Del. Laws, c. 344, §  1;
16 DE Code § 2405. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 24. Hazardous Chemical Information|§ 2405. Notice to employees.

§ 2405. Notice to employees. Employers shall post adequate notice, at locations where notices are normally posted, informing employees about their rights under this chapter. In the absence of a notice prepared by the Secretary pursuant to § 2413 of this title, an employer notice shall be posted. 64 Del. Laws, c. 344, §  1;