Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 4904. Prescribing or administering of laetrile.
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§ 4904. Prescribing or administering of laetrile. (a) No hospital nor health facility may interfere with the physician-patient relationship by restricting or forbidding the use of laetrile (amygdalin, Vitamin B-17) when prescribed or administered by a physician, surgeon, osteopat…
16 Del. C. § 4904A. Limitations.
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§ 4904A. Limitations. (a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (1) Undertaking any task under the influence of marijuana, when doing so would…
16 Del. C. § 4905. Distribution by pharmacists.
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§ 4905. Distribution by pharmacists. A pharmacist shall not be subject to any penalty for filling a prescription for laetrile (amygdalin, Vitamin B-17) if the prescription is issued to a patient by a physician, surgeon, osteopath or other person engaged in the “practice of medici…
16 Del. C. § 4905A. Discrimination prohibited.
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§ 4905A. Discrimination prohibited. (a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for the person’s status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the scho…
16 Del. C. § 4906A. Addition of debilitating medical conditions [Repealed].
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§ 4906A. Addition of debilitating medical conditions [Repealed].78 Del. Laws, c. 23, § 1; 82 Del. Laws, c. 246, § 1; repealed by 84 Del. Laws, c. 264, § 4, effective May 28, 2024.;
16 Del. C. § 4907A. Acts not required, acts not prohibited.
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§ 4907A. Acts not required, acts not prohibited. (a) Nothing in this chapter requires any of the following: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; (2) Any person or establ…
16 Del. C. § 4908A. Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 4908A. Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, § 5]. (a) The Commissioner shall issue registry identification cards to qualifying patients who submit all of the following, in accordance with the C…
16 Del. C. § 4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].
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§ 4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) The Commissioner shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter, and shall approve or deny an appl…
16 Del. C. § 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].
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§ 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7]. (a) The Commissioner shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: (1) Did not provide the requi…
16 Del. C. § 4911A. Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 4911A. Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, § 5]. (a) Registry identification cards must contain all of the following: (1) The name of the cardholder. (2) A designation of whether the cardholder is a designated caregiver or q…
16 Del. C. § 4912A. Notifications to the Commissioner and responses; civil penalty.
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§ 4912A. Notifications to the Commissioner and responses; civil penalty. (a) The following notifications and Commissioner responses are required: (1) A registered qualifying patient shall notify the Commissioner of any change in the registered qualifying patient's name or address…
16 Del. C. § 4913A. Affirmative defense and dismissal for medical marijuana.
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§ 4913A. Affirmative defense and dismissal for medical marijuana. (a) Except as provided in § 4904A of this title and this section, an individual may assert a medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for the pa…
16 Del. C. § 4914A. Registration of compassion centers.
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§ 4914A. Registration of compassion centers. (a) Compassion centers may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a compassion center registration certificate, the applicant shall submit the following in accord…
16 Del. C. § 4915A. Registration and certification of safety compliance facilities.
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§ 4915A. Registration and certification of safety compliance facilities. (a) Safety compliance facilities may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a safety compliance facility registration certificate, the…
16 Del. C. § 4916A. Compassion center and safety compliance facilities renewal.
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§ 4916A. Compassion center and safety compliance facilities renewal. Registration certificates may be renewed every 2 years. The registered compassion center or registered safety compliance facility may submit a renewal application beginning 90 days prior to the expiration of its…
16 Del. C. § 4917A. Local ordinances.
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§ 4917A. Local ordinances. Nothing shall prohibit local governments from enacting ordinances or regulations not in conflict with this chapter or with Commissioner regulations regulating the time, place, and manner of registered compassion center operations and registered safety c…
16 Del. C. § 4918A. Compassion center and safety compliance facility agents.
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§ 4918A. Compassion center and safety compliance facility agents. (a) (1) Every person seeking to become a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility shall obtain a background check i…
16 Del. C. § 4919A. Requirements, prohibitions, penalties.
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§ 4919A. Requirements, prohibitions, penalties. (a) A registered compassion center shall be operated on a not-for-profit basis. The bylaws of a registered compassion center shall contain such provisions relative to the disposition of revenues to establish and maintain its not-for…
16 Del. C. § 4920A. Confidentiality.
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§ 4920A. Confidentiality. (a) The following information received and records kept by the Commissioner for purposes of administering this chapter are confidential and exempt from the Delaware Freedom of Information Act [Chapter 100 of Title 29], and not subject to disclosure to an…
16 Del. C. § 4921A. Registry identification and registration certificate verification.
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§ 4921A. Registry identification and registration certificate verification. (a) The Commissioner shall maintain a confidential list of the persons to whom the Commissioner has issued registry identification cards and their addresses, phone numbers, and registry identification num…
16 Del. C. § 4922A. Annual report by the Commissioner.
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§ 4922A. Annual report by the Commissioner. (a) [Repealed.] (b) The Commissioner shall submit to the Governor and the General Assembly an annual report that does not disclose any identifying information about cardholders, registered compassion centers, or health-care practitioner…
16 Del. C. § 4923A. Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, § 5].
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§ 4923A. Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, § 5]. The Commissioner shall promulgate regulations regarding all of the following: (1) [Repealed]. (2) a. Establishing the form and content of registration and renewal applicat…
16 Del. C. § 4924A. Enforcement of this chapter.
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§ 4924A. Enforcement of this chapter. If the Commissioner fails to adopt regulations to implement this chapter within the times provided for in this chapter, any citizen may commence an action in Superior Court to compel the Commissioner to perform the actions mandated pursuant t…
16 Del. C. § 4925A. Severability.
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§ 4925A. Severability. Any section of this chapter being held invalid as to any person or circumstance shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.78 Del. Laws, c. 23, § 1;
16 Del. C. § 4926A. [Reserved].
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§ 4926A. [Reserved].
16 Del. C. § 4927A. Background checks.
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§ 4927A. Background checks. (a) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following: (1) A report of the person’s entire criminal …
16 Del. C. § 4928A. Research.
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§ 4928A. Research. (a) Research for the development of well-characterized and more-defined medical marijuana products for treatment of target indications, including demonstrations of safety and efficacy for treatment of medical conditions that often fail to respond to conventiona…
16 Del. C. § 4929A. Reciprocity.
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§ 4929A. Reciprocity. A person with a medical condition who possesses a registry identification card or equivalent certification from another state or territory of the U.S. and who would otherwise qualify to obtain a registry identification card in this State may use the out-of-s…
16 Del. C. § 5001. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 5001. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. Except where the context indicates otherwise, as used in this chapter: (1) “Court” means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and re…
16 Del. C. § 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization.
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§ 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization. No person shall be involuntarily admitted to or confined as an involuntary patient at a designated psychiatric treatment or hospital, and no designated psychiat…
16 Del. C. § 5003. Voluntary admission procedure.
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§ 5003. Voluntary admission procedure. (a) The Department may establish, under the direction and supervision of the Delaware Psychiatric Center, criteria for voluntary admissions to designated psychiatric treatment facilities and hospitals that differ from the criteria for involu…
16 Del. C. § 5004. Emergency detention of a person with a mental condition; justification; procedure.
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§ 5004. Emergency detention of a person with a mental condition; justification; procedure. (a) Any person who believes that another person’s behavior is both the product of a mental condition and is dangerous to self or dangerous to others may notify a peace officer or a credenti…
16 Del. C. § 5005. Provisional hospitalization by psychiatrist’s certification.
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§ 5005. Provisional hospitalization by psychiatrist’s certification. (a) No person will be involuntarily admitted to a hospital as a patient until the person is detained for observation pursuant to the procedure set forth in § 5004 of this title. At the completion of the emergenc…
16 Del. C. § 5006. Duties of hospital upon provisional admission.
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§ 5006. Duties of hospital upon provisional admission. During the 48-hour period of provisional admission: (1) The hospital shall try to evaluate the involuntary patient to assess the person’s psychological and physical needs, and may provide treatment to the involuntary patient …
16 Del. C. § 5007. Procedural rights of involuntary patients.
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§ 5007. Procedural rights of involuntary patients. When a designated treatment facility, hospital or outpatient treatment provider seeks to require an individual to be involuntarily hospitalized pursuant to a probable cause hearing or an involuntary inpatient commitment hearing, …
16 Del. C. § 5008. Probable cause complaint.
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§ 5008. Probable cause complaint. (a) If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Cou…
16 Del. C. § 5009. Probable cause hearing.
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§ 5009. Probable cause hearing. (a) Upon the filing of the probable cause complaint the court shall forthwith: (1) Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient’s confinement, and, where necessary, appoint counsel to repr…
16 Del. C. § 5010. Discharge by the hospital.
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§ 5010. Discharge by the hospital. Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or i…
16 Del. C. § 5011. Involuntary inpatient commitment hearing and procedure.
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§ 5011. Involuntary inpatient commitment hearing and procedure. (a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence: (1) The individual is a person with a mental condition; (2) B…
16 Del. C. § 5012. Waiver of rights; voluntary hospitalization.
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§ 5012. Waiver of rights; voluntary hospitalization. (a) An involuntary patient may waive any of the rights provided by this chapter if: (1) The court determines that such waiver is voluntary and with the involuntary patient’s knowing and intelligent consent; or (2) Where the inv…
16 Del. C. § 5013. Involuntary outpatient treatment over objection.
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§ 5013. Involuntary outpatient treatment over objection. (a) A person shall be involuntarily committed by the court for outpatient treatment over objection only if all of the following criteria are satisfied by clear and convincing evidence: (1) The person is 18 years of age or o…
16 Del. C. § 5014. Appeal; habeas corpus; rules of procedure.
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§ 5014. Appeal; habeas corpus; rules of procedure. (a) Any party to the proceedings may appeal an order of disposition issued by a Commissioner to either a Superior Court Judge or Family Court Judge as appropriate within 10 days of the entry of such order. The appeal shall not op…
16 Del. C. § 5015. Enlargement of time.
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§ 5015. Enlargement of time. The court may enlarge the time for the performance of acts by the hospital or respondent’s attorney pursuant to this chapter, and of scheduling hearings thereunder, for good cause shown, for a reasonable period, consistent with the rights of the respo…
16 Del. C. § 5016. Payment of transportation and medical costs.
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§ 5016. Payment of transportation and medical costs. (a) The State Treasurer shall pay peace officers or other transportation providers under contract with the Department of Health and Social Services for transportation services under this chapter at an agreed-upon rate, includin…
16 Del. C. § 5017. Immunity.
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§ 5017. Immunity. (a) Initial assessment. — No peace officer, medical doctor, credentialed mental health screener, juvenile mental health screener, or facility in which a medical doctor or credentialed mental health screener or juvenile mental health screener practices shall be s…
16 Del. C. § 5018. Discharge of patients from hospitals.
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§ 5018. Discharge of patients from hospitals. (a) Hospitals shall examine every involuntary patient and voluntary patient present in its facility as frequently as practicable, but not less often than every 3 months. If pursuant to such examination a person’s treating psychiatrist…
16 Del. C. § 5019. Liability for maintenance of patient; collection remedies.
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§ 5019. Liability for maintenance of patient; collection remedies. (a) Any adult committed to or placed in a designated psychiatric treatment facility or hospital shall be liable for the cost of care, treatment, or both to the extent authorized by § 7940 of Title 29. If a minor i…
16 Del. C. § 5020. Expenses of examination and removal of indigent patients.
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§ 5020. Expenses of examination and removal of indigent patients. The expenses of the examination of an indigent person alleged to be suffering from a mental condition and the transportation of such person, by a peace officer or credentialed mental health screener or juvenile men…
16 Del. C. § 5021. Veterans Administration hospitals.
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§ 5021. Veterans Administration hospitals. The provisions in the Delaware Code pertaining to the admission, commitment, care and discharge of persons diagnosed with a mental condition at state institutions shall apply with the same force and effect to persons entitled to the serv…
16 Del. C. § 5022. Return of patients; order; notice; custody.
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§ 5022. Return of patients; order; notice; custody. (a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient’s immediate rehospitalization. The director or the director’s designee may notify such patient…