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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

1,804 sections·Filtered byTitle 16✕

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 Laws, c. 461, § 12] [Repealed].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 Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del.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 Laws, c. 461, § 12] [Repealed].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 Laws, c. 461, § 12] [Repealed].77 Del.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 Laws, c. 467, § 8; repealed by 85 Del.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 Laws, c. 461, § 12] [Repealed].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 Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del.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 Laws, c. 461, § 12] [Repealed].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 Laws, c. 461, § 12] [Repealed].77 Del. Laws, c. 387, § 1; repealed by 85 Del.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…

16 Del. C. § 5195. Behavioral Health Consortium.

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§ 5195. Behavioral Health Consortium. (a) (1) The Behavioral Health Consortium, referred to in this subchapter as the “Consortium,” is established. (2) [Repealed.] (b) (1) The Consortium shall provide oversight of this State’s private and public bodies or entities that affect beh…

16 Del. C. § 5195A. Organization and composition of the Consortium.

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§ 5195A. Organization and composition of the Consortium. (a) The Consortium is composed of 25 members, as follows: (1) Nine individuals, or their designees, who are members of the Consortium by virtue of their respective positions, as follows: a. The Lieutenant Governor of the St…

16 Del. C. § 5196. Prescription Opioid Settlement Distribution Commission.

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§ 5196. Prescription Opioid Settlement Distribution Commission. (a) As used in this subchapter: (1) “Commission” means the Prescription Opioid Settlement Distribution Commission. (2) “Impact Fund” means the Prescription Opioid Impact Fund under § 4803B of this title. (3) “Settlem…

16 Del. C. § 5196A. Organization and composition of the Prescription Opioid Settlement Distribution Commission.

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§ 5196A. Organization and composition of the Prescription Opioid Settlement Distribution Commission. (a) The Commission shall approve all distributions from the money in the Settlement Fund and the Impact Fund. (b) The Commission consists of the following 15 members, or a designe…

16 Del. C. § 5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund.

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§ 5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund. (a) (1) The Commission shall distribute the money in the Settlement Fund and the Impact Fund by awarding grants, by directing the Secretary of the Department of Health and…

16 Del. C. § 5197. Freedom of Information Act applicability to the Consortium; intent.

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§ 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;

16 Del. C. § 5198. Purpose and authority.

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§ 5198. Purpose and authority. (a) The Addiction Action Committee (the “Committee”) is hereby established. The purpose of the Committee shall be to develop and monitor a coordinated and comprehensive approach to Delaware’s addiction epidemic. In furtherance of this purpose, the C…

16 Del. C. § 5201. Interstate Compact; enactment.

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§ 5201. Interstate Compact; enactment. The Interstate Compact on the Mentally Disordered Offender, hereinafter called “the compact,” is enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows: ARTICLE I Purpose …

16 Del. C. § 5202. Department of Health and Social Services; authority to contract.

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§ 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, pers…

16 Del. C. § 5301. Establishment [Repealed].

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§ 5301. Establishment [Repealed].Code 1935, § 3100A; 46 Del. Laws, c. 188, § 2; 46 Del. Laws, c. 311, § 1; 16 Del. C. 1953, § 5301; repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;

16 Del. C. § 5302. Mental hygiene clinic [Repealed].

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§ 5302. Mental hygiene clinic [Repealed].Code 1935, § 3100B; 46 Del. Laws, c. 188, § 2; 46 Del. Laws, c. 311, § 1; 16 Del. C. 1953, § 5303; 53 Del. Laws, c. 84, § 3; 57 Del. Laws, c. 591, § 26; repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;

16 Del. C. § 5303. Sections within Center [Repealed].

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§ 5303. Sections within Center [Repealed].Code 1935, § 3100F; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5304; 51 Del. Laws, c. 290; 54 Del. Laws, c. 279, § 3; 62 Del. Laws, c. 208, § 1; 64 Del. Laws, c. 108, § 27; 64 Del. Laws, c. 467, § 2; 73 Del. Laws, c. 41, § 1; 77 Del. L…

16 Del. C. § 5304. Powers of Department of Health and Social Services and Department of Services for Children, Youth and Their Families; cooperation of other state agencies [Repealed].

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§ 5304. Powers of Department of Health and Social Services and Department of Services for Children, Youth and Their Families; cooperation of other state agencies [Repealed].Code 1935, § 3100F; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5305; 54 Del. Laws, c. 279, § 3; 64 Del. …

16 Del. C. § 5305. Cost of maintenance supplied by State [Repealed].

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§ 5305. Cost of maintenance supplied by State [Repealed].Code 1935, § 3100C; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5306; 57 Del. Laws, c. 591, § 27; repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;

16 Del. C. § 5306. Annual appropriation [Repealed].

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§ 5306. Annual appropriation [Repealed].Code 1935, § 3100D; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5307; repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;

16 Del. C. § 5307. Restriction on offensive use of property within 3 miles [Repealed].

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§ 5307. Restriction on offensive use of property within 3 miles [Repealed].16 Del. C. 1953, § 5311; 49 Del. Laws, c. 35; 50 Del. Laws, c. 3, § 1; repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;

16 Del. C. § 5321. Admission to Center [Repealed].

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§ 5321. Admission to Center [Repealed].Code 1935, § 3100G; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5321; 47 Del. Laws, c. 67, § 1; 64 Del. Laws, c. 108, § 29; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, §§ 205-209; repealed by 84 Del. Laws, c. 201, § 6, effective Sept.…

16 Del. C. § 5322. Admission procedures; rules and regulations [Repealed].

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§ 5322. Admission procedures; rules and regulations [Repealed].Code 1935, § 3100G; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5322; 64 Del. Laws, c. 108, § 30; repealed by 84 Del. Laws, c. 201, § 6, effective Sept. 11, 2023.;

16 Del. C. § 5323. Veterans’ preference [Repealed].

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§ 5323. Veterans’ preference [Repealed].Code 1935, § 3100N; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5323; 66 Del. Laws, c. 139, § 1; repealed by 84 Del. Laws, c. 201, § 6, effective Sept. 11, 2023.;

16 Del. C. § 5324. Transfer to Center from other state institutions [Repealed].

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§ 5324. Transfer to Center from other state institutions [Repealed].Code 1935, § 3100H; 46 Del. Laws, c. 188, § 2; 47 Del. Laws, c. 70, § 1; 47 Del. Laws, c. 176, § 1; 16 Del. C. 1953, § 5324; 64 Del. Laws, c. 108, § 31; 73 Del. Laws, c. 97, § 1; 78 Del. Laws, c. 179, § 210; repe…

16 Del. C. § 5325. Liability for maintenance of patient; collection remedies; indigent persons [Repealed].

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§ 5325. Liability for maintenance of patient; collection remedies; indigent persons [Repealed].Code 1935, § 3100I; 46 Del. Laws, c. 188, § 2; 46 Del. Laws, c. 311, § 1; 16 Del. C. 1953, § 5325; 57 Del. Laws, c. 228, § 8; 58 Del. Laws, c. 153; 70 Del. Laws, c. 186, § 1; repealed b…

16 Del. C. § 5326. Resident and nonresident pay patient; contracts [Repealed].

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§ 5326. Resident and nonresident pay patient; contracts [Repealed].Code 1935, § 3100J; 46 Del. Laws, c. 188, § 2; 46 Del. Laws, c. 311, § 1; 16 Del. C. 1953, § 5326; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 6, effective Sept. 11, 2023.;

16 Del. C. § 5327. Release and discharge of patients [Repealed].

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§ 5327. Release and discharge of patients [Repealed].Code 1935, § 3100K; 46 Del. Laws, c. 188, § 2; 16 Del. C. 1953, § 5327; 64 Del. Laws, c. 108, § 32; repealed by 84 Del. Laws, c. 201, § 6, effective Sept. 11, 2023.;

16 Del. C. § 5401. Definitions.

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§ 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 “li…

16 Del. C. § 5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn.

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§ 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…

16 Del. C. § 5403. Discretionary disclosures to law enforcement.

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§ 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…

16 Del. C. § 5501. Basic rights.

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§ 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;

16 Del. C. § 5502. Development of abilities.

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§ 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…

16 Del. C. § 5503. Economic security and meaningful occupations.

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§ 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…

16 Del. C. § 5504. Normal living arrangements.

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§ 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 appropri…

16 Del. C. § 5505. Qualified guardians.

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§ 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 …

16 Del. C. § 5506. Protection from exploitation and abuse.

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§ 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 disabil…

16 Del. C. § 5507. Due process.

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§ 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 …

16 Del. C. § 5520. Liability for maintenance of patient; collection remedies.

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§ 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 t…

16 Del. C. § 5521. Admission to Stockley Center.

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§ 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 Disabilitie…

16 Del. C. § 5522. Centers for persons diagnosed with mental retardation or other specific developmental disabilities.

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§ 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 m…

16 Del. C. § 5523 , 5524. Commitment of person confined in another state institution; procedure; commitment to a penal institution or a detention home; release [Repealed].

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§§ 5523, 5524. Commitment of person confined in another state institution; procedure; commitment to a penal institution or a detention home; release [Repealed]. Repealed by 75 Del. Laws, c. 285, § 2, effective June 15, 2006.

16 Del. C. § 5530. Definitions.

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§ 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 “advance health-care directive,” as defined under § 2502 of th…

16 Del. C. § 5531. Persons without legal guardians.

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§ 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 cir…

16 Del. C. § 5532. Immunity from liability.

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§ 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 p…

16 Del. C. § 5541. Definitions.

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§ 5541. Definitions. As used in this subchapter: (1) “Agencies” means both public and private agencies and associations. (2) “Autism spectrum disorders” or “ASD” means as defined in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by th…