Title 16 — Health and Safety

§ 2103. Sterilization and disinfection of materials — Permit. (a) Any person engaged in the making, remaking or renovating of any mattress, pillow, bolster or comfortable in which secondhand material is used, or in the making of any new or secondhand feather or down filled articl…

§ 2104. Inspection of premises. All places where any mattress, pillow, bolster, featherbed or comfortable is made, remade or renovated, or where materials for articles named in this section are prepared, or establishment where the articles are offered for sale or are in possessio…

§ 2105. Selling or leasing used mattresses; sterilization and disinfection. No person shall sell, lease, offer to sell or lease, or deliver or consign in sale or lease, or have in the person’s possession with intent to sell, lease, deliver or consign in sale or lease: (1) Any mat…

§ 2106. Tagging; regulations and prohibitions. (a) Each and every mattress or article covered by this chapter, other than a feather or down filled pillow, bolster, bed or comforter, shall bear securely attached thereto and visible on the outside covering a tag of cloth or other s…

§ 2107. Registration and issuance of registry numbers. The Department of Health and Social Services shall, upon application to it by any person entitled thereto, register each applicant, issue a permit and assign a registry number by which number applicants shall thereafter be id…

§ 2108. Registration and permit fee. The initial annual permit fee and subsequent annual renewal fee under this chapter for manufacturers of bedding products within the State or manufacturers of such products who ship said products into this State shall be as follows: Bedding man…

§ 2109. Renewal of permit. Permits shall remain effective only during a calendar year beginning January 1, and ending December 31, or any remaining portion of a calendar year beginning on the date the permit is issued. Applications for renewal of the permit must be made within th…

§ 2110. Disposition of fees. All fees collected under this chapter shall be paid to the Department of Health and Social Services and when so paid shall be turned over by the Department of Health and Social Services to the State Treasurer and credited to the General Fund of the St…

§ 2111. Inspection of products and plants of nonresidents. (a) It is the intent of this chapter to prevent both the manufacture and the sale within this State of any of the articles enumerated in § 2105 of this title, except in conformity to and in compliance with this chapter. I…

§ 2112. Enforcement; rules and regulations; provisions subject to Chapter 23 of Title 11. (a) The Department of Health and Social Services, through its officers and employees, is charged with the administration and enforcement of this chapter and may take for evidence, at any tri…

§ 2113. Penalties; appeals. (a) Whoever violates this chapter or the rules and regulations adopted thereunder shall be fined for each offense not less than $10 nor more than $50. In default of the payment of such fine the violator shall be imprisoned for not less than 10 days for…

§ 2114. Revocation of permit. The Department of Health and Social Services may revoke any permit issued under this chapter if the person to whom the permit was issued has violated this chapter or the rules or regulations established thereunder.Code 1915, § 824N; 36 Del. Laws, c. …

§ 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…

§ 2201A. Definitions. As used in this chapter: (1) “Applicant” means any individual, organization, or entity applying for certification of a recovery house. (2) “Certified recovery house” means a recovery house certified by the certifying organization. (3) “Certifying organizatio…

§ 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…

§ 2202A. Certifying organizations; standards; regulations; application system; training and technical assistance. (a) The Division shall do all of the following: (1) Authorize and contract with a certifying organization to establish and administer a voluntary certification progra…

§ 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…

§ 2203A. Fees. (a) Subject to the Division’s approval the certifying organization may impose a standardized fee on an operator for any of the following purposes: (1) Issuing or renewing a certification. (2) Inspecting a recovery house. (b) The Division shall set the maximum fee t…

§ 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…

§ 2204A. Online registry. (a) The certifying organization shall publish and maintain a registry. The registry must include the following information concerning every certified recovery house: (1) Contact information including the operator’s telephone number. (2) Locality. (3) The…

§ 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…

§ 2205A. Zoning. (a) Notwithstanding provisions under Title 9 or Title 22, or any other law, ordinance, or rule to the contrary, a zoning ordinance adopted by a county or municipality must construe a certified recovery house to be a permitted single-family residential use of a pr…

§ 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…

§ 2206A. Certified recovery housing admission agreements; termination. (a) A certified recovery house’s admission agreement must include the house’s termination and relapse policies. (b) An individual must agree to the terms of a certified recovery house’s admission agreement and…

§ 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…

§ 2207A. Records. (a) Records related to a resident maintained under this chapter are not public records as defined in Chapter 100 of Title 29. (b) Records related to a certified recovery house, or the certifying organization maintained under this chapter, are not public records …

§ 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…

§ 2208A. Limitations on referrals. (a) Except as otherwise provided under subsection (b) of this section, a Delaware state agency, Delaware state court, or an entity having a contract with the State must not refer an individual to a recovery house. (b) An agency, court, or entity…

§ 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…

§ 2209A. Data collection; environmental scan and needs assessment. (a) The Division must require certified recovery house operators to collect and report data to assess the effectiveness of recovery houses. (b) Subject to subsection (c) of this section, the Division shall conduct…

§ 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,…

§ 2210A. Annual report. (a) The Division shall analyze data collected under this chapter and issue a report at least annually. (b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following: (1) The Governor. (2) The Secret…

§ 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…

§ 2211A. Immunity. (a) Except as otherwise provided under subsection (b) of this section, a person who makes a complaint under the chapter in good faith is not liable in a civil or criminal action because of the complaint. (b) Subsection (a) of this section does not apply to a pe…

§ 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 …

§ 2212A. Prohibition against retaliation. It is unlawful to knowingly retaliate against a person who makes a complaint under this chapter. Violation of this section is a civil violation subject to a minimum fine of $1,000 and a maximum fine of $5,000.84 Del. Laws, c. 131, § 1;

§ 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 …

§ 2213A. Misrepresentation of certification. (a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified. Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,0…

§ 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…

§ 2214A. Access to funding. (a) Except for certified recovery houses, Oxford Houses, or recovery houses authorized by the Division, it is unlawful for a recovery house to accept state or local funding. Violation of this subsection is a civil violation punishable by a fine of no m…

§ 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…

§ 2215A. Disposition of money collected from fines and penalties. Whenever a court assesses a fine or penalty on a defendant for a violation of this chapter, after collecting the fine, the fine must be transmitted to the prothonotary or clerk of court and credited to the Fund.84 …

§ 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, …

§ 2216A. Certified Recovery House Fund. (a) A special fund, known as the “Certified Recovery House Fund,” is created to support the implementation of this chapter. (b) The following receipts shall be credited to the Fund: (1) Money received under § 2215A of this title. (2) Grants…

§ 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…

§ 2217A. Disbursements from the Fund. (a) No disbursements from the Fund shall be made unless authorized by the Director. (b) Disbursements from the Fund are permitted only for the following authorized uses: (1) To provide training and technical assistance for recovery residence …

§ 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;

§ 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…

§ 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…

§ 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…