reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Mental Health Patients’ Bill of Rights › § 5162. Notification of critical incidents and deaths, report forms.

§ 5162. Notification of critical incidents and deaths, report forms.
(a) As used in this section:
(1) “Covered facility” means a hospital or residential center as defined in § 5161 of this title.
(2) “Critical incident” means the occurrence, within a covered facility, of the following events:
a. Attempted suicide;
b. Seclusion exceeding 15 minutes;
c. Physical restraint exceeding 5 minutes or involving injury; and
d. Victimization prompting solicitation of police intervention or investigation.
(3) “Death” means the demise of a current patient or resident of a covered facility. “Death” shall also include the demise of such a patient or resident within 14 calendar days of transfer to a medical or hospice facility.
(4) “Protection and advocacy agency” means the Community Legal Aid Society, Inc., or successor agency designated the state protection and advocacy system pursuant to the following:
a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);
b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or
c. Protection and advocacy for individual rights (29 U.S.C. § 794e).
(b) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency in writing or electronically within 72 hours of all critical incidents and, upon request, facilitate protection and advocacy agency contact with the patient, resident, or authorized representative of the patient or resident.
(c) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency within 72 hours of the date of any patient or resident death. Such notice shall include brief identifying information; contact information for the next of kin, administrator, or estate executor; the age of the patient or resident; the condition of the patient's or resident's health prior to death; and apparent cause of death.
(d) No person or covered facility shall be liable in any civil action by reason of provision of notice of a critical incident or death to the protection and advocacy agency in conformity with this section.
(e) Each covered facility shall cooperate with any assessment or investigation of a critical incident or death by the protection and advocacy agency. In furtherance of this duty, no covered facility shall discharge, discriminate, or retaliate against any person who provides the protection and advocacy agency with information or assistance in connection with an assessment or investigation of a critical incident or death.
77 Del. Laws, c. 202, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Mental Health Patients’ Bill of Rights › § 5163. Enforcement of rights; Court of Chancery.

§ 5163. Enforcement of rights; Court of Chancery.
This subchapter shall be enforceable by the Attorney General or by any interested citizen. Within the meaning of this section, “interested citizen” shall include any individual, voluntary association of individuals or corporate body having a bona fide interest in furthering enforcement of the rights created by this subchapter. Notwithstanding 10 Del. C. § 342, the Court of Chancery shall have jurisdiction over all actions, including those requesting declaratory relief, to enforce or resolve disputes concerning the rights arising out of this subchapter.
59 Del. Laws, c. 571, §  1;  70 Del. Laws, c. 222, §  2;  77 Del. Laws, c. 202, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5171. Definitions.

§ 5171. Definitions.
As used in subchapter:
(1) “Department” shall mean the Department of Health and Social Services or its successor.
(2) “Double blind research” shall mean research in which neither the patient nor the physician knows whether the patient is receiving medication or a placebo.
(3) “Hospital” means the Delaware Psychiatric Center or such other hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons.
(4) “Informed consent” means the consent of a patient to the performance of health-care services by a health-care provider who has informed the patient both verbally and in writing, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment which a reasonable patient would consider material to the decision whether or not to undergo the treatment.
(5) “Mentally ill person” means a person suffering from a mental disease or condition which requires such person to be observed and treated at the hospital for the person's own welfare.
(6) “Patient” means any patient at the hospital.
(7) “Psychiatrist” means a physician licensed to practice medicine specializing in the field of psychiatry or a physician employed by the hospital, registered with the Medical Council of Delaware and certified by the hospital medical director to the Medical Council of Delaware as being qualified in the diagnosis and treatment of mentally ill persons.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5172. Rules and regulations.

§ 5172. Rules and regulations.
(a) Prior to the participation of any patient in pharmaceutical research, the Department shall adopt rules and regulations governing such research. Such rules and regulations shall conform to the requirements of the Food and Drug Administration and to this chapter. In the course of promulgating such rules and regulations, the Department shall request the assistance of the Food and Drug Administration and the State Police Drug Diversion Unit and shall hold at least 1 public hearing. The Department shall review the rules and regulations pertaining to pharmaceutical research annually.
(b) Department rules and regulations governing pharmaceutical research shall include, but not be limited to, the following provisions:
(1) No patient should be approached to participate in a pharmaceutical research program where the most recent certification by a psychiatrist indicates that the patient is incapable of voluntary consent to care or treatment, is unable to make responsible decisions regarding hospitalization or is mentally incompetent to waive legal rights. Patients who show marked improvement should be reevaluated only by psychiatrists who will receive no financial benefit from the research as to whether the patient is now fully competent before being approached about participation in research.
(2) Diagnosis of a patient's condition prior to the patient's participation in pharmaceutical research shall be done only by psychiatrist or psychiatrists who will receive no financial benefit from the research.
(3) Prior to the inclusion of a patient on a research project, examining psychiatrist or psychiatrists shall consider whether the patient would respond to accepted pharmaceutical or other therapies.
(4) To ensure that patients retain their capacity to freely consent to participate in research, patients shall be monitored by psychiatrists who will receive no financial benefit from the research.
(5) If any patient participating in a research project shall be found not to be mentally ill, the patient shall be removed from the research immediately.
(c) Any indemnification agreement which purports to bind the hospital shall be approved by a deputy attorney general representing the Department and by the Department before signature by the research psychiatrist.
(d) The use of state time shall be adequately documented so that research compensated by private companies is properly segregated from that time.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 155, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5173. Institutional Review Board.

§ 5173. Institutional Review Board.
(a) The Department shall establish an Institutional Review Board which shall be composed of 12 members appointed by the Secretary of the Department. No more than 6 members shall be employed by the Department and no more than 3 members shall be employed by the hospital.
(b) The duties of the Institutional Review Board shall include, but not be limited to:
(1) Approval, modification or disapproval of all proposed pharmaceutical research programs and all written procedures and protocols governing such programs. Final approval of any program shall require an affirmative vote of 8 members. In evaluating any proposed research program, the Board shall consider whether the risks to patients are sufficiently outweighed by the potential benefits and the importance of the knowledge to be gained. In its deliberations, the Board shall be guided by the American Medical Association's “Ethical Guidelines for Clinical Investigation,” the American Psychiatric Association's “Ethical and Professional Guidelines Governing Research With Human Subjects” or similar documents.
(2) Ensuring that no patient participates in research who fits any exclusion criteria established by the pharmaceutical protocol or by the Board itself.
(3) Actively monitoring all such research programs on a regular basis. Such monitoring shall include the review of the effects of the research on patients and the review of individual patient records to ensure the continued protection of patient rights and continued compliance with regulations.
(4) Ensuring that the provisions of § 5175 of this title are complied with for every patient who participates in pharmaceutical research.
(5) Evaluating, together with the administration of the hospital and the Food and Drug Administration, all reactions and incidents which occur to research participants to determine whether the research pharmaceuticals in any way affected the patient so as to cause the reaction or incident.
(c) In order that the Board be active and effective, notices of meetings shall be sent to all members, minutes shall be maintained and distributed prior to meetings and all records, documents and correspondence shall be retained by an officer of the Board at the hospital. The Division of Mental Health shall provide administrative and secretarial assistance to support the Board's functions.
(d) No member of the Board shall be permitted to vote on any research project in which the member has an active role or financial interest.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5174. Patient participation restricted.

§ 5174. Patient participation restricted.
The following patients shall be ineligible to participate in pharmaceutical research:
(1) Any patient who has been placed in the jurisdiction of the hospital under Chapter 4 of Title 11 or § 5153 of this title; provided, however, that a patient placed in the jurisdiction of the hospital under Chapter 4 of Title 11 or § 5153 of this title shall be eligible with the prior approval of Superior Court, upon affidavit filed by the medical director of the hospital. Such affidavit shall state that the patient for whom eligibility to participate is sought has given the patient's informed consent and that, with respect to that patient, all provisions of this subchapter have been and will continue to be complied with. The Court may deny approval for failure to comply with any provision of this subchapter or for any other reason it deems appropriate. Any affidavit filed pursuant to this subdivision shall be served upon the Attorney General, and no action shall be taken by the Court for 10 days after the date of such service. Superior Court may by rule prescribe procedures for review of affidavits filed pursuant to this subdivision.
(2) Any patient who has been placed in the jurisdiction of the hospital under Chapter 50 of this title; provided, however, that a patient initially committed under Chapter 50 of this title shall be eligible if that patient has voluntarily applied for and has been accepted for hospitalization pursuant to § 5003 of this title.
(3) [Repealed.]
(4) Any patient who has been placed in the jurisdiction of the hospital under Chapter 57 of this title.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 442, §  2;  81 Del. Laws, c. 79, §  28;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5175. Informed consent required.

§ 5175. Informed consent required.
(a) No patient may participate in any pharmaceutical research, investigation or experiment unless and until the patient has given the patient's informed consent.
(b) Informed consent shall be in writing and each patient shall be given a copy of the patient's signed consent form.
(c) Informed consent must be voluntary, that is, free of any coercion by anyone, including the hospital. Patients shall be advised both verbally and in writing that no threats, promises, special privileges or payments of any kind will be made for their participation in pharmaceutical research. Participating patients shall be informed both verbally and in writing that they may withdraw from the research at any time. No pressure of any kind shall be exerted upon any patient to continue research from which the patient wishes to withdraw.
(d) Any patient participating in double blind research shall be advised both verbally and in writing that the patient may receive a placebo for the duration of the research instead of medication. The term “placebo” shall be fully defined both verbally and in writing.
(e) Patients shall be encouraged to consult with family, friends and/or physicians prior to signing any consent form and entering the research program.
(f) No patient shall be approached to participate in pharmaceutical research if patient is incapable of understanding the nature and consequences of patient's consent.
(g) All discussions leading to the agreement of a patient to participate in research, including the signing of the consent form, shall be witnessed by at least 1 health-care professional who will receive no financial benefit from the research. Such independent witness shall be qualified to determine whether the patient is competent to consent to participate and whether informed consent was freely given. The presence of the witness shall be noted on the consent form.
(h) The explanation of the proposed research to the patient shall include any explanation of the procedures to be followed and their purposes, a description of any attendant discomforts and risks reasonably to be expected, a description of any benefits reasonably to be expected, a disclosure of any appropriate alternative procedures that might be advantageous to the patient and an offer to answer any inquiries concerning the procedures.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Pharmaceutical Research › § 5176. Waiver of informed consent requirement.

§ 5176. Waiver of informed consent requirement.
Sections 5174(2) and 5175 of this title may be waived for a patient under the following conditions:
(1) An unsuccessful attempt has been made to secure the informed consent of the patient.
(2) No accepted pharmaceutical or other therapy exists for the type of illness affecting the patient or the patient has not responded to accepted pharmaceutical or other therapies.
(3) The performance of pharmaceutical research on the patient would be in the best interest of that patient.
(4) The proposed waiver has been approved in writing by the Institutional Review Board after thorough review of the patient's clinical records.
(5) The proposed waiver has the prior written approval of the patient's legal guardian or, if the patient has no guardian, patient's next-of-kin.
(6) The proposed waiver has been approved by Superior Court upon affidavit filed by the medical director of the hospital. Such affidavit shall state that, with respect to the patient for whom the waiver is sought, all provisions of this section and this subchapter have been and will continue to be complied with. The Court may deny approval for failure to comply with any provision of this section or this subchapter or for any other reason it deems appropriate. Superior Court may by rule prescribe procedures for review of affidavits filed pursuant to this section.
64 Del. Laws, c. 421, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Community Mental Health Treatment Act › § 5181. Definitions.

§ 5181. Definitions.
As used in this chapter:
(1) “Department” means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors.
(2) “Facility” or “treatment facility” means an entity, other than a licensed hospital, that provides care, supportive lodging or treatment to individuals with a mental condition. This section includes mental health providers serving individuals in both inpatient and outpatient settings, day treatment programs, and supervised apartments. “Facility” does not include the following:
a. A hospital or residential center as defined in § 5161(b) of this title;
b. Shelters or leased premises, apart from supervised apartments, solely providing housing without mental health provider services;
c. Outpatient practice offices of licensed independent practitioners, including, but not limited to, physicians, psychologists, social workers and counselors.
(3) “Mental condition” means a mental disorder as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders.”
(4) “Mental health provider” means any professional who provides assessment, care, treatment, counseling, medication, case management, or therapeutic services to an individual with a mental condition, including but not limited to psychiatrists, psychologists, psychiatric nurses and social workers.
(5) “Patient” means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility.
(6) “Patient representative” means an individual or entity authorized to act on the patient's behalf by operation of law or express appointment by the patient.
(7) “Protection and advocacy agency” means the Community Legal Aid Society, Inc. or successor agency designated the state protection and advocacy system pursuant to the following:
a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);
b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or
c. Protection and Advocacy for Individual Rights (29 U.S.C. § 794e).
77 Del. Laws, c. 387, §  1;  78 Del. Laws, c. 179, §§  201-203;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Community Mental Health Treatment Act › § 5183. Devolution of rights.

§ 5183. Devolution of rights.
Consistent with the nature of each right in § 5182 of this title, the entitlement may devolve to the patient representative. Authority to act on behalf of patients who are minors may be exercised by the minor's parent, guardian, or custodian. Authority to act on behalf of an adult patient may be exercised by a guardian acting within the scope of appointment or through an agent acting pursuant to a valid power of attorney, health-care directive, or similar instrument. In the absence of such authorized representative, if the patient's physician determines that the patient is incapable of exercising rights under this subchapter due to mental or physical incapacity, authority to exercise such rights shall devolve to the patient's next of kin.
77 Del. Laws, c. 387, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Community Mental Health Treatment Act › § 5184. Reporting requirements.

§ 5184. 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 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 of a facility has been abused, mistreated, neglected or financially exploited.
(d) No facility shall retaliate or discriminate against any patient or person facilitating submission of a report or cooperating with any investigation prompted by a report under this section.
(e) Any correspondence or other written communication from a patient to the Department, the Attorney General's office, the protection and advocacy agency and/or a law-enforcement agency shall, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility 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, be promptly forwarded, unopened, by the facility to such patient. Failure to comply with this section shall result in a civil penalty not to exceed $1,000 per violation.
77 Del. Laws, c. 387, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Community Mental Health Treatment Act › § 5185. Protection and advocacy agency.

§ 5185. Protection and advocacy agency.
(a) The protection and advocacy agency is authorized to complement the role of the Department in promoting the health, safety, and well being of patients under this subchapter through monitoring, investigation, and advocacy. In furtherance of this authority, the protection and advocacy agency may engage in the following functions:
(1) Solicit and receive oral and written reports and complaints of abuse, neglect, mistreatment or financial exploitation of facility patients; and
(2) Access a facility; interview patients, residents, facility staff and agents; and inspect and copy records pertaining to a patient with valid consent or as otherwise authorized by federal law.
(b) No facility shall retaliate or discriminate against any patient or person submitting a report to the protection and advocacy agency or cooperating with the agency's monitoring, investigation, or advocacy activities.
77 Del. Laws, c. 387, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Community Mental Health Treatment Act › § 5186. Enforcement of rights.

§ 5186. Enforcement of rights.
This subchapter shall be enforceable by the Attorney General, the protection and advocacy agency, and aggrieved patients and patient representatives. Without limitation, notwithstanding § 342 of Title 10, the Court of Chancery shall have jurisdiction over actions, including those requesting declaratory relief, to enforce or resolve disputes concerning the rights arising out of this subchapter.
77 Del. Laws, c. 387, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VIII-A. Behavioral Health Consortium; Prescription Opioid Distribution Commission › § 5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund.

§ 5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund.
(a) (1) The Consortium shall distribute the money in the Prescription Opioid Settlement Fund (Settlement Fund) and the Prescription Opioid Impact Fund (Impact Fund) based on the recommendations of the Commission by awarding grants, by directing the Secretary of the Department of Health and Social Services to enter into contracts, or by distributing funds to State agencies and local governments to be administered as directed by the Commission.
(2) If the Consortium does not adopt a recommendation of the Commission, the Consortium shall provide a written explanation of the decision and the Commission may revise that recommendation to the Consortium.
(3) The Consortium may not make a distribution from the Settlement Fund or Impact Fund without a conforming recommendation from the Commission for the distribution.
(b) The disbursement of money from the Settlement Fund and the Impact Fund, distributed by the Consortium, shall be made by the State Treasurer upon authorization by all of the following, on a form designed for this purpose by the chair of the Consortium and the State Treasurer:
(1) The chair of the Consortium.
(2) The Director of the Office of Management and Budget.
(3) The Controller General.
(4) The co-chairs of the Joint Finance Committee.
(c) The Director of the Office of Management and Budget may waive the requirements under Chapter 69 of Title 29 for distributions made by the Consortium.
83 Del. Laws, c. 243, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VIII-A. Behavioral Health Consortium; Prescription Opioid Distribution Commission › § 5197. Freedom of Information Act applicability to the Consortium; intent.

§ 5197. Freedom of Information Act applicability to the Consortium; intent.
The Consortium is a “public body,” as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.
81 Del. Laws, c. 125, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 52. INTERSTATE COMPACT ON THE MENTALLY DISORDERED OFFENDER › § 5202. Department of Health and Social Services; authority to contract.

§ 5202. Department of Health and Social Services; authority to contract.
The Department of Health and Social Services may negotiate and enter into contracts on behalf of this State pursuant to Article III of the compact and may perform such contracts, provided that no funds, personnel, facilities, equipment, supplies or materials shall be pledged for, committed or used on account of any such contract, unless legally available therefor.
16 Del. C. 1953, §  5202;  57 Del. Laws, c. 658, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 54. MENTAL HEALTH SERVICES PROVIDERS › § 5401. Definitions.

§ 5401. Definitions.
Except where the context indicates otherwise, as used in this chapter:
(1) “Licensed clinical social worker” means “licensed clinical social worker” as defined by Chapter 39 of Title 24.
(2) “Licensed counselor working in the field of mental health” means “licensed counselor working in the field of mental health” as defined by Chapter 30 of Title 24.
(3) “Licensed psychologist” means “licensed psychologist” as defined by Chapter 35 of Title 24.
(4) “Mental health services provider” means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter.
(5) “Patient” means any person with whom the mental health services provider has established a patient-care provider relationship.
(6) “Physician” means “physician” as defined by Chapter 17 of Title 24.
(7) “Registered professional nurse” means “registered professional nurse” as defined by Chapter 19 of Title 24.
68 Del. Laws, c. 387, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 54. MENTAL HEALTH SERVICES PROVIDERS › § 5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn.

§ 5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn.
(a) A person may not bring a cause of action against a mental health services provider, institution, agency, or hospital, and legal liability may not be imposed, for the inability of a mental health services provider, institution, agency, or hospital to prevent harm to person or property caused by a patient unless both of the following are met:
(1) The patient has communicated to the mental health services provider, institution, agency, or hospital an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act or to destroy property under circumstances which could easily lead to serious personal injury or death, and the patient has an apparent intent and ability to carry out the threat.
(2) The mental health services provider, institution, agency, or hospital fails to take the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.
(b) Any duty owed by a mental health services provider, institution, agency, or hospital to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider, institution, agency, or hospital, in a timely manner, does both of the following:
(1) Notifies a law-enforcement agency having jurisdiction where the potential victim resides, or notifies a law enforcement agency having jurisdiction where the patient resides, and communicates the threat of death or serious bodily injury to the clearly identified victim.
(2) Arranges for the patient's immediate voluntary or involuntary hospitalization, in an inpatient or outpatient program.
(c) If a patient has explicitly threatened to cause serious harm to a person or property, or a mental health services provider, institution, agency, or hospital otherwise concludes that the patient is likely to do so or is dangerous to others or dangerous to self, as these terms are defined in § 5001 of this title, and the mental health services provider, institution, agency, or hospital, for the purpose of reducing the risk of harm, discloses any confidential communication made by or relating to the patient, a person may not bring cause of action, either criminal or civil, against the mental health services provider, institution, agency, or hospital for making such disclosure.
(d) [Repealed.]
68 Del. Laws, c. 387, §  1;  81 Del. Laws, c. 232, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 54. MENTAL HEALTH SERVICES PROVIDERS › § 5403. Discretionary disclosures to law enforcement.

§ 5403. Discretionary disclosures to law enforcement.
(a) A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is “dangerous to others” or “dangerous to self,” as these terms are defined in § 1448C(a) of Title 11, regardless of whether the patient has made explicit threats against an identifiable victim.
(b) A person may not bring a cause of action, either criminal or civil, against a mental health services provider, institution, agency, or hospital for making a communication to law enforcement under this section.
81 Del. Laws, c. 232, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5501. Basic rights.

§ 5501. Basic rights.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the same basic rights as other citizens.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §  213;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5502. Development of abilities.

§ 5502. Development of abilities.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the right to proper medical care and physical restoration and to such education, training, habilitation and guidance as will enable them to develop their abilities and potentials to the fullest possible extent, no matter how severe their disability may be.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §  214;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5503. Economic security and meaningful occupations.

§ 5503. Economic security and meaningful occupations.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to strive for productive work in meaningful occupations, economic security and a decent standard of living.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §  215;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5504. Normal living arrangements.

§ 5504. Normal living arrangements.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to live with their families or with other care providers; to participate in all aspects of community life; and to have access to appropriate leisure time activities. If residence in an institution is the least restrictive environment and the most appropriate setting reasonably available, it should be in surroundings and under circumstances as close to normal living as possible.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §  216;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5505. Qualified guardians.

§ 5505. Qualified guardians.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to a qualified guardian when this is required to protect their personal well-being and interests. No person or agency rendering direct services to a person diagnosed with an intellectual disability or other specific developmental disabilities shall also serve as such person's guardian.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §§  217, 218;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5506. Protection from exploitation and abuse.

§ 5506. Protection from exploitation and abuse.
Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to protection from exploitation, abuse and degrading treatment. If accused, the person diagnosed with an intellectual disability or other specific developmental disabilities has a right to a fair trial with full recognition being given to the person's degree of responsibility.
61 Del. Laws, c. 270, §  3;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §§  219, 220;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter I. Declaration of General and Special Rights of Persons Diagnosed with Intellectual Disabilities and Other Specific Developmental Disabilities › § 5507. Due process.

§ 5507. Due process.
Some persons diagnosed with intellectual disabilities or other specific developmental disabilities may be unable, due to the severity of their disability, to exercise for themselves all of their rights in a meaningful way. For others, modification of some or all of these rights is appropriate. The procedure used for modification or denial of rights must contain proper legal safeguards against every form of abuse; must be based on an evaluation of the social capability of the person diagnosed with an intellectual disability or other specific developmental disabilities by qualified experts; and must be subject to periodic reviews, and to the right of appeal to higher authorities.
61 Del. Laws, c. 270, §  3;  73 Del. Laws, c. 97, §  2;  78 Del. Laws, c. 179, §§  221-223;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter II. Stockley Center › § 5520. Liability for maintenance of patient; collection remedies.

§ 5520. Liability for maintenance of patient; collection remedies.
(a) Any person committed to or placed in Stockley Center shall at all times be liable for the care, maintenance and support furnished to and received by such person while a patient of Stockley Center. Nothing in this section shall relieve from liability for the support of the patient, any person liable under any other law of this State.
(b) The Department of Health and Social Services shall keep an account of the cost of the care, maintenance and support furnished each patient while in Stockley Center and shall credit against the account all moneys received from the patient or from any other person for or on behalf of the patient.
(c) The Department may collect from any patient, or from the trustee for any patient, or out of the property, moneys and effects of any patient, all moneys necessary to discharge and pay all liability of the patient for the patient's care, maintenance and support.
(d) The Department may also proceed for the recovery of the moneys necessary for the care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department of Health and Social Services or by petition to the Court of Chancery if the patient has been ascertained to be mentally incompetent or mentally retarded by inquisition duly held.
16 Del. C. 1953, §  5506;  50 Del. Laws, c. 364, §  2;  50 Del. Laws, c. 534, §§  1, 2;  58 Del. Laws, c. 152;  61 Del. Laws, c. 270, §  2;  62 Del. Laws, c. 209, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter II. Stockley Center › § 5521. Admission to Stockley Center.

§ 5521. Admission to Stockley Center.
The Department of Health and Social Services may establish voluntary admission procedures for residential services at the Stockley Center for individuals who meet the eligibility criteria established by the Division of Development Disabilities Services through regulations.
29 Del. Laws, c. 172, §  8;  Code 1935, §  2610;  16 Del. C. 1953, §  5521;  50 Del. Laws, c. 364, §  4;  50 Del. Laws, c. 534, §  2;  51 Del. Laws, c. 18, §  1;  62 Del. Laws, c. 209, §  1;  75 Del. Laws, c. 285, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter II. Stockley Center › § 5522. Centers for persons diagnosed with mental retardation or other specific developmental disabilities.

§ 5522. Centers for persons diagnosed with mental retardation or other specific developmental disabilities.
The Division of Developmental Disabilities Services may establish and operate centers for vocational, habilitative and social skill development for persons diagnosed with mental retardation or other specific developmental disabilities. The operation of such said centers shall be governed by the Division's rules and regulations.
16 Del. C. 1953, §  5526;  51 Del. Laws, c. 288, §  1;  73 Del. Laws, c. 97, §  2;  75 Del. Laws, c. 285, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter III. Consent for Elective Surgery › § 5530. Definitions.

§ 5530. Definitions.
(a) “Alternative decision maker” is a person identified to make decisions for an individual in that individual's best interest. In the absence of an assigned legal guardian of person or applicable advanced health-care directive, power of attorney, or similar legal instrument, any member of the following classes of the patient's family who is reasonably available, in the descending order of priority, may act as alternative decision maker and shall be recognized as such by the supervising health-care provider:
(1) The spouse;
(2) An adult child;
(3) A parent;
(4) An adult brother or sister;
(5) An adult grandchild;
(6) An adult aunt or uncle;
(7) An adult niece or nephew; or
(8) A grandparent.
(b) “Elective surgery” is a surgical medical or dental procedure, not including sterilization, for the purposes of nonlife-threatening treatment or diagnosis.
(c) “Informed consent” is the consent of a patient to the performance of health-care services by a health-care provider who has informed the patient both verbally and in writing, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment which a reasonable patient would consider material to the decision whether or not to undergo the treatment. The patient must understand the information provided by the health-care provider.
(d) “Persons receiving services from the Division of Developmental Disabilities Services (DDDS)” shall mean, for the purposes of this subchapter, those persons served within the residential program of the Division.
(e) Individuals specified in this subsection are disqualified from acting as an alternate decision maker if the person receiving services from DDDS has filed a petition for a protection from abuse order against the individual or if the individual is the subject of a civil or criminal order prohibiting contact with the person receiving services from DDDS.
64 Del. Laws, c. 305, §  1;  73 Del. Laws, c. 97, §  3;  75 Del. Laws, c. 69, §§  1, 2;  77 Del. Laws, c. 395, §§  1-3, 9;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter III. Consent for Elective Surgery › § 5531. Persons without legal guardians.

§ 5531. Persons without legal guardians.
(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director's designee if all of the following circumstances apply:
(1) The person receiving residential services cannot give his or her own informed consent;
(2) The person receiving services has no alternative decision maker; and
(3) The person receiving residential services has no legal guardian of the person, or applicable advanced health-care directive, power of attorney, or similar legal instrument.
(b) Before giving such consent the Division Director or such Director's designee must:
(1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition;
(2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and
(3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested.
64 Del. Laws, c. 305, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 97, §  4;  77 Del. Laws, c. 395, §§  4-8;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter III. Consent for Elective Surgery › § 5532. Immunity from liability.

§ 5532. Immunity from liability.
(a) No physician, dentist or other health care personnel or health-care facility which acts pursuant to and in compliance with this subchapter shall be subject to civil liability for failure to obtain sufficient consent for the medical procedure performed.
(b) This section shall not insulate from civil liability a physician, dentist or other health-care personnel or health-care facility for negligence in the performance of medical procedures.
64 Del. Laws, c. 305, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 55. PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES › Subchapter IV. Interagency Committee on Autism and the Delaware Network for Excellence in Autism › § 5541. Definitions.

§ 5541. Definitions.
For the purposes of this subchapter:
(1) “Agencies” shall include both public and private agencies and associations.
(2) “Autism spectrum disorders” (“ASD”) shall have the same definition as in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American Psychiatric Association. “Autism spectrum disorders” (“ASD”) shall also include related developmental disabilities whenever people with these disabilities can also benefit from the improvements and enhancements identified for people with ASD.
(3) “People living with ASD” shall include the person with ASD and their legal guardian or guardians.
80 Del. Laws, c. 425, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 60. Patients’ Trust Fund › § 6001. Definitions.

§ 6001. Definitions.
As used in this chapter:
(1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services.
(2) “Patient” means any person admitted, committed to or placed in any such institution for the purpose of treatment.
16 Del. C. 1953, §  6001;  57 Del. Laws, c. 37.;