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Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

57 sections·Filtered byTitle 16✕Ch 51✕

16 Del. C. § 5101. Definitions [Repealed].
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§ 5101. Definitions [Repealed].16 Del. C. 1953, § 5101; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 22; 66 Del. Laws, c. 424, § 5; 70 Del. Laws, c. 550, §§ 1, 5, 6; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;
16 Del. C. § 5102. Authorization to receive federal fund; disposition [Repealed].
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§ 5102. Authorization to receive federal fund; disposition [Repealed].16 Del. C. 1953, § 5104; 54 Del. Laws, c. 279, § 2; 64 Del. Laws, c. 108, § 25; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;
16 Del. C. § 5103. Property; acquisition; holdings; disposition [Repealed].
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§ 5103. Property; acquisition; holdings; disposition [Repealed].16 Del. C. 1953, § 5105; 54 Del. Laws, c. 279, § 2; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 97, § 1; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;
16 Del. C. § 5104. Donations of property; form of a devise or gift; the use of such property [Repealed].
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§ 5104. Donations of property; form of a devise or gift; the use of such property [Repealed].16 Del. C. 1953, § 5106; 54 Del. Laws, c. 279, § 2; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;

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16 Del. C. § 5105. Accounting by Department [Repealed].

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§ 5105. Accounting by Department [Repealed].16 Del. C. 1953, § 5107; 54 Del. Laws, c. 279, § 2; 55 Del. Laws, c. 186; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;

16 Del. C. § 5106. Cost of maintaining Department, institutions and agencies [Repealed].

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§ 5106. Cost of maintaining Department, institutions and agencies [Repealed].16 Del. C. 1953, § 5108; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 23; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;

16 Del. C. § 5107. Sale of products made in institutions [Repealed].

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§ 5107. Sale of products made in institutions [Repealed].16 Del. C. 1953, § 5109; 54 Del. Laws, c. 279, § 2; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;

16 Del. C. § 5108. Operation of commissaries [Repealed].

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§ 5108. Operation of commissaries [Repealed].16 Del. C. 1953, § 5110; 54 Del. Laws, c. 279, § 2; repealed by 84 Del. Laws, c. 201, § 3, effective Sept. 11, 2023.;

16 Del. C. § 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies [Repealed].

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§ 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies [Repealed].16 Del. C. 1953, § 5111; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 243; 58 Del. Laws, c. 124; 59 Del. Laws, c. 253, § 4; 62 Del. Laws, c. 209, § 1; 64 Del. L…

16 Del. C. § 5121. Voluntary admission procedure [Repealed].

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§ 5121. Voluntary admission procedure [Repealed].19 Del. Laws, c. 644, §§ 1-6; Code 1915, § 2598; 36 Del. Laws, c. 243, § 1; Code 1935, § 3074; 45 Del. Laws, c. 219, § 1; 16 Del. C. 1953, § 5121; 54 Del. Laws, c. 279, § 3; 70 Del. Laws, c. 550, § 1; 78 Del. Laws, c. 360, § 1; rep…

16 Del. C. § 5121A. Emergency detention of a person with a mental condition; justification; procedure [Repealed].

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§ 5121A. Emergency detention of a person with a mental condition; justification; procedure [Repealed].36 Del. Laws, c. 242, § 1; Code 1935, § 3072; 42 Del. Laws, c. 134, § 2; 16 Del. C. 1953, § 5122; 55 Del. Laws, c. 229; 61 Del. Laws, c. 447, § 1; 66 Del. Laws, c. 424, § 6; 68 D…

16 Del. C. § 5122. Emergency detention of a person with a mental condition; justification; procedure [Repealed].

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§ 5122. Emergency detention of a person with a mental condition; justification; procedure [Repealed].36 Del. Laws, c. 242, § 1; Code 1935, § 3072; 42 Del. Laws, c. 134, § 2; 16 Del. C. 1953, § 5122; 55 Del. Laws, c. 229; 61 Del. Laws, c. 447, § 1; 66 Del. Laws, c. 424, § 6; 68 De…

16 Del. C. § 5123. Voluntary hospitalization of patients at Delaware Psychiatric Center; authority to receive; procedure; discharge [Repealed].

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§ 5123. Voluntary hospitalization of patients at Delaware Psychiatric Center; authority to receive; procedure; discharge [Repealed].19 Del. Laws, c. 644, §§ 1-6; Code 1915, § 2598; 36 Del. Laws, c. 243, § 1; Code 1935, § 3074; 45 Del. Laws, c. 219, § 1; 16 Del. C. 1953, § 5123; 5…

16 Del. C. § 5127. Liability for maintenance of patient; collection remedies [Repealed].

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§ 5127. Liability for maintenance of patient; collection remedies [Repealed].18 Del. Laws, c. 553, § 6; 19 Del. Laws, c. 125, § 1; 19 Del. Laws, c. 126; Code 1915, § 2600; 28 Del. Laws, c. 212, § 1; 37 Del. Laws, c. 189; Code 1935, § 3076; 16 Del. C. 1953, § 5127; 54 Del. Laws, c…

16 Del. C. § 5128. Expenses of examination and removal of indigent patients [Repealed].

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§ 5128. Expenses of examination and removal of indigent patients [Repealed].18 Del. Laws, c. 553, § 6; 19 Del. Laws, c. 125, § 1; 19 Del. Laws, c. 126; Code 1915, § 2600; 28 Del. Laws, c. 212, § 1; 37 Del. Laws, c. 189; Code 1935, § 3076; 16 Del. C. 1953, § 5128; 57 Del. Laws, c.…

16 Del. C. § 5130. Veterans Administration hospitals [Repealed].

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§ 5130. Veterans Administration hospitals [Repealed].16 Del. C. 1953, § 5131; 50 Del. Laws, c. 310, § 1; 78 Del. Laws, c. 360, § 1; repealed by 79 Del. Laws, c. 442, § 2, eff. Oct. 14, 2014.;

16 Del. C. § 5131. Discharge of patients at Delaware Psychiatric Center; release on convalescent status; continued responsibility; review of convalescent status [Repealed].

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§ 5131. Discharge of patients at Delaware Psychiatric Center; release on convalescent status; continued responsibility; review of convalescent status [Repealed].16 Del. C. 1953, § 5132; 55 Del. Laws, c. 225, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1; 78 Del. Laws,…

16 Del. C. § 5132. Return of patients; order; notice; custody [Repealed].

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§ 5132. Return of patients; order; notice; custody [Repealed].16 Del. C. 1953, § 5133; 55 Del. Laws, c. 225, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 11; 73 Del. Laws, c. 41, § 1; 77 Del. Laws, c. 327, § 210(a); 78 Del. Laws, c. 360, § 1; repealed by 79 Del. Laws, …

16 Del. C. § 5133. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties [Repealed].

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§ 5133. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties [Repealed].16 Del. C. 1953, § 5134; 55 Del. Laws, c. 226; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1; 78 Del. Laws, c. 360, § 1; repealed by 79 Del. Laws, c. 442, § 2, eff.…

16 Del. C. § 5134. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes [Repealed].

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§ 5134. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes [Repealed].16 Del. C. 1953, § 5135; 57 Del. Laws, c. 593, § 1; 64 Del. Laws, c. 467, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 41, § 1…

16 Del. C. § 5135. Minors [Repealed].

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§ 5135. Minors [Repealed].66 Del. Laws, c. 424, § 9; 70 Del. Laws, c. 550, § 1; 78 Del. Laws, c. 360, § 1; repealed by 79 Del. Laws, c. 442, § 2, eff. Oct. 14, 2014.;

16 Del. C. § 5136. Additional facilities for adults [Repealed].

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§ 5136. Additional facilities for adults [Repealed].68 Del. Laws, c. 308, § 4; 70 Del. Laws, c. 550, § 1; 78 Del. Laws, c. 360, § 1; repealed by 79 Del. Laws, c. 442, § 2, eff. Oct. 14, 2014.;

16 Del. C. § 5137. Legislative intent; definitions.

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§ 5137. Legislative intent; definitions. (a) Legislative intent. — The General Assembly’s purpose in requiring criminal background checks and drug testing of Department of Health and Social Services’ employees working at the Delaware Psychiatric Center is to protect the safety an…

16 Del. C. § 5138. Criminal background checks.

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§ 5138. Criminal background checks. (a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining a report of the person’s criminal history. (b) The Department shall promulgate regulations establishing the cri…

16 Del. C. § 5139. Drug testing required.

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§ 5139. Drug testing required. (a) Preemployment testing. — The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining the results of such applicant’s mandatory drug screening. (b) Reasonable suspicion testing.…

16 Del. C. § 5141. Establishment and composition [Repealed].

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§ 5141. Establishment and composition [Repealed].36 Del. Laws, c. 241, § 1; Code 1935, § 3073; 16 Del. C. 1953, § 5141; 53 Del. Laws, c. 84, § 2; 54 Del. Laws, c. 279, § 3; 57 Del. Laws, c. 591, § 24; repealed by 84 Del. Laws, c. 201, § 4, effective Sept. 11, 2023.;

16 Del. C. § 5142. Duties and powers of clinic [Repealed].

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§ 5142. Duties and powers of clinic [Repealed].36 Del. Laws, c. 241, §§ 1, 2; Code 1935, § 3073; 16 Del. C. 1953, § 5142; 55 Del. Laws, c. 212; 70 Del. Laws, c. 550, § 1; repealed by 84 Del. Laws, c. 201, § 4, effective Sept. 11, 2023.;

16 Del. C. § 5151. Establishment of department for persons with criminally mental conditions.

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§ 5151. Establishment of department for persons with criminally mental conditions. The Department shall establish at the Delaware Psychiatric Center a department for persons with criminally mental conditions who are adults regardless of their mental capacity. The term “persons wi…

16 Del. C. § 5152. Commitment by courts.

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§ 5152. Commitment by courts. (a) All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this …

16 Del. C. § 5153. Commitment from other institutions.

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§ 5153. Commitment from other institutions. The governing authorities of any institution of this State, including but not limited to those facilities maintained by the Department of Correction, to which an adult or juvenile who is nonamenable to the processes of Family Court who …

16 Del. C. § 5154. Liability for cost of maintenance and care.

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§ 5154. Liability for cost of maintenance and care. The expenses of the removal of an adult with a criminally mental condition or a criminally inclined juvenile and of the adult’s or juvenile’s admission to a hospital under this subchapter, and the charges and expense for the mai…

16 Del. C. § 5161. Rights of patients in mental health hospitals or residential centers.

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§ 5161. Rights of patients in mental health hospitals or residential centers. (a) As used in this section: (1) “Department ” means the Department of Health and Social Services, except that Department means the Department of Services for Children, Youth and Their Families for faci…

16 Del. C. § 5162. Notification of critical incidents and deaths, report forms.

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§ 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 foll…

16 Del. C. § 5163. Enforcement of rights; Court of Chancery.

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§ 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 bo…

16 Del. C. § 5171. Definitions.

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§ 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 …

16 Del. C. § 5172. Rules and regulations.

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§ 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 …

16 Del. C. § 5173. Institutional Review Board.

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§ 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 …

16 Del. C. § 5174. Patient participation restricted.

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§ 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 p…

16 Del. C. § 5175. Informed consent required.

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§ 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 …

16 Del. C. § 5176. Waiver of informed consent requirement.

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§ 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 the…

16 Del. C. § 5181. Definitions [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5181. Definitions [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; 78 Del. Laws, c. 179, §§ 201-203; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5182. Community mental health patients’ rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5182. Community mental health patients’ rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5183. Devolution of rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5183. Devolution of rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; 84 Del. Laws, c. 467, § 8; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5184. Reporting requirements [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5184. Reporting requirements [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5185. Protection and advocacy agency [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5185. Protection and advocacy agency [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5186. Enforcement of rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].

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§ 5186. Enforcement of rights [For application of the repeal of this section, see 85 Del. Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del. Laws, c. 461, § 9, effective Aug. 31, 2026.;

16 Del. C. § 5191. Behavioral and Mental Health Commission [Repealed].

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§ 5191. Behavioral and Mental Health Commission [Repealed].80 Del. Laws, c. 411, § 1; repealed by 82 Del. Laws, c. 32, § 1, effective June 5, 2019.;

16 Del. C. § 5192. Organization and composition of the Commission [Repealed].

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§ 5192. Organization and composition of the Commission [Repealed].80 Del. Laws, c. 411, § 1; repealed by 82 Del. Laws, c. 32, § 1, effective June 5, 2019.;

16 Del. C. § 5193. Freedom of Information Act applicability to the Commission; intent [Repealed].

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§ 5193. Freedom of Information Act applicability to the Commission; intent [Repealed].80 Del. Laws, c. 411, § 1; repealed by 82 Del. Laws, c. 32, § 1, effective June 5, 2019.;

16 Del. C. § 5194. Adult Mental Health Peer Review Commission; purpose, formation, governance.

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§ 5194. Adult Mental Health Peer Review Commission; purpose, formation, governance. (a) For the purposes of this section: (1) “Designated psychiatric treatment facility” means as defined in § 5001 of this title. (2) “Serious and persistent mental illness” means a diagnosable ment…