Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 2201. Declaration of policy.
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§ 2201. Declaration of policy. Substance abuse is one of the greatest challenges facing our State, schools, workplaces and families because it has destructive influences that pervade all facets of our society. Accordingly, it is the policy of this State to provide treatment to th…
16 Del. C. § 2202. Establishment of Office.
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§ 2202. Establishment of Office. There is hereby established an Office of Substance Abuse Services within the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health. The establishment of the Office is not intended to contravene any authority…
16 Del. C. § 2203. Definitions.
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§ 2203. Definitions. For the purposes of this chapter, definitions of the following terms and phrases shall be as follows: (1) “Administrator” means the individual or individuals who have been appointed by the entity that operates a licensed treatment facility to manage its affai…
16 Del. C. § 2204. Powers of the Office.
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§ 2204. Powers of the Office. The Office of Substance Abuse Services, as a component of the Department of Health and Social Services, may, subject to the express provisions of other sections of this chapter: (1) Plan for, establish, amend and revise standards for treatment progra…
16 Del. C. § 2205. Duties of Office.
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§ 2205. Duties of Office. The Office of Substance Abuse Services, as a component of the Department of Health and Social Services, shall: (1) Cooperate with the Department of Safety and Homeland Security and the Department of Correction to assist in developing and establishing pro…
16 Del. C. § 2206. Residential and nonresidential facilities.
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§ 2206. Residential and nonresidential facilities. The Office of Substance Abuse Services, as a component of the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health, shall, subject to the express provisions of other sections under this ch…
16 Del. C. § 2207. Standards for public and private treatment facilities.
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§ 2207. Standards for public and private treatment facilities. (a) In cooperation with the Department of Services for Children, Youth and Their Families, the Office shall establish standards for treatment facilities that must be met for a treatment facility to be licensed as a pu…
16 Del. C. § 2208. Licensing of treatment facility; regulations.
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§ 2208. Licensing of treatment facility; regulations. (a) The Secretary, upon recommendation from the Division, shall approve the licensure of entities applying to be substance abuse treatment facilities and may designate certain facilities for treatment of individuals on an invo…
16 Del. C. § 2209. Violation of licensing requirement; injunction.
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§ 2209. Violation of licensing requirement; injunction. (a) Any organization that maintains, manages or operates, or aids or abets another in maintaining, managing or operating, a facility knowingly without a valid license or outside of a facility’s proper designation is guilty o…
16 Del. C. § 2210. Voluntary treatment for substance abuse.
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§ 2210. Voluntary treatment for substance abuse. (a) A person in need of treatment or anyone engaging in substance abuse may request voluntary treatment from a licensed treatment facility. If the applicant is a person who is incompetent or a minor under 14 years of age, a parent,…
16 Del. C. § 2211. Involuntary treatment.
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§ 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 w…
16 Del. C. § 2212. Commitment; judicial proceedings.
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§ 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 …
16 Del. C. § 2213. Limitation on involuntary treatment.
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§ 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 …
16 Del. C. § 2214. Hearing on petition; notice; decision; review.
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§ 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 involunta…
16 Del. C. § 2215. Procedural rights of involuntary patients.
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§ 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…
16 Del. C. § 2216. Discharge by the facility.
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§ 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, …
16 Del. C. § 2217. Changing to voluntary status.
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§ 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 t…
16 Del. C. § 2218. Enlargement of time.
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§ 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 Del. C. § 2219. Appeal; rules of procedure.
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§ 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 th…
16 Del. C. § 2220. Patient’s rights.
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§ 2220. Patient’s rights. It is the intent of the General Assembly and the purpose of this section to promote the interests and well-being of residential and nonresidential patients of treatment facilities. It is declared to be the public policy of this State that the interests o…
16 Del. C. § 2221. Devolution of rights.
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§ 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 pati…
16 Del. C. § 2222. Immunity, limitation of liability.
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§ 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 …
16 Del. C. § 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties.
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§ 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…
16 Del. C. § 2224. Reporting requirements.
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§ 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 fina…
16 Del. C. § 2225. Coverage of persons for substance abuse treatment.
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§ 2225. Coverage of persons for substance abuse treatment.81 Del. Laws, c. 28, § 2; expired under 81 Del. Laws, c. 28, § 5;
16 Del. C. § 2226. Distribution of drug-testing strips; immunity.
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§ 2226. Distribution of drug-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 provision of drug-testing strips. The provision of drug-testin…
16 Del. C. § 2227-2232. [Reserved.]
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§§ 2227-2232. [Reserved.]