Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.
0.6K chars
§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties. (a) Any person who wilfully causes, or conspires with or assists another to cause: (1) The unwarranted hospitalization of any individual in the Delaware Psychiatric Center under thi…
16 Del. C. § 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.
1.1K chars
§ 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes. Whenever the Director of the Division of Substance Abuse and Mental Health or the Director of the Division of Developmental Disabilities Services receives a request fr…
16 Del. C. § 5025. Minors.
1.8K chars
§ 5025. Minors. (a) Except as otherwise provided, the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or h…
16 Del. C. § 5026. Additional facilities for adults.
0.5K chars
§ 5026. Additional facilities for adults. The Secretary of the Department of Health and Social Services, upon voluntary application of a private or public hospital, may certify such hospital as an appropriate facility for the detention, diagnosis, care and treatment of adults wit…
16 Del. C. § 5201. Interstate Compact; enactment.
21.6K chars
§ 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.
0.5K chars
§ 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. § 5401. Definitions.
1.0K chars
§ 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.
2.5K chars
§ 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.
0.8K chars
§ 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. § 5701. Definitions [Repealed].
0.1K chars
§ 5701. Definitions [Repealed].65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, § 4; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5702. Scope of chapter [Repealed].
0.1K chars
§ 5702. Scope of chapter [Repealed].65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5703. Informed consent not presumed [Repealed].
0.2K chars
§ 5703. Informed consent not presumed [Repealed].65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, §§ 5, 6; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5704. Jurisdiction and venue [Repealed].
0.2K chars
§ 5704. Jurisdiction and venue [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5705. Filing petition [Repealed].
0.2K chars
§ 5705. Filing petition [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 285, § 7; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5706. Petition for declaratory judgment [Repealed].
0.2K chars
§ 5706. Petition for declaratory judgment [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5707. Petition for involuntary sterilization [Repealed].
0.2K chars
§ 5707. Petition for involuntary sterilization [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 285, § 11; 84 Del. Laws, c. 42, § 85; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5708. Service of petition and notice [Repealed].
0.2K chars
§ 5708. Service of petition and notice [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5709. Interim action by court [Repealed].
0.1K chars
§ 5709. Interim action by court [Repealed].65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5710. Procedural rights of person to be sterilized [Repealed].
0.2K chars
§ 5710. Procedural rights of person to be sterilized [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5711. Hearing on petition for declaratory judgment [Repealed].
0.2K chars
§ 5711. Hearing on petition for declaratory judgment [Repealed].65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5712. Hearing on petition for involuntary sterilization [Repealed].
0.2K chars
§ 5712. Hearing on petition for involuntary sterilization [Repealed].65 Del. Laws, c. 148, § 1; 75 Del. Laws, c. 285, § 12; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5713. Physician’s certification [Repealed].
0.2K chars
§ 5713. Physician’s certification [Repealed].65 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 186, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5714. Records [Repealed].
0.2K chars
§ 5714. Records [Repealed].33 Del. Laws, c. 62, § 3; Code 1935, § 3098; 16 Del. C. 1953, § 5705; 65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5715. Limitation of liability [Repealed].
0.1K chars
§ 5715. Limitation of liability [Repealed].65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5716. Costs [Repealed].
0.2K chars
§ 5716. Costs [Repealed].33 Del. Laws, c. 62, § 2; Code 1935, § 3098; 16 Del. C. 1953, § 5704; 65 Del. Laws, c. 148, § 1; repealed by 84 Del. Laws, c. 201, § 7, effective Sept. 11, 2023.;
16 Del. C. § 5901. Coordination of training and research activities and facilities with those of other states [Repealed].
0.2K chars
§ 5901. Coordination of training and research activities and facilities with those of other states [Repealed].16 Del. C. 1953, § 5901; 50 Del. Laws, c. 464, § 2; repealed by 84 Del. Laws, c. 201, § 8, effective Sept. 11, 2023.;
16 Del. C. § 5902 , 5903. Board on Mental Health Training and Research; grants for research and training [Repealed].
0.2K chars
§§ 5902, 5903. Board on Mental Health Training and Research; grants for research and training [Repealed]. Repealed by 67 Del. Laws, c. 35, § 1, effective June 21, 1989.
16 Del. C. § 6001. Definitions.
0.3K chars
§ 6001. Definitions. As used in this chapter: (1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services. (2) “Patient” means any person admitted, committed to or placed in any such institution for the pur…
16 Del. C. § 6002. Commingling of funds.
0.6K chars
§ 6002. Commingling of funds. Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may commingle the funds by depositing them with the State Treasurer in an interest bearing account to be invested relatively fre…
16 Del. C. § 6003. Records of owners.
0.2K chars
§ 6003. Records of owners. The ownership of the principal amount of the funds shall be continued in the respective patients and be accounted for on appropriate records of the institution.16 Del. C. 1953, § 6003; 57 Del. Laws, c. 37.;
16 Del. C. § 6004. Use of interest.
0.4K chars
§ 6004. Use of interest. The interest or other income from the deposits earned shall be credited to the appropriate institution for distribution to individual patient accounts on a monthly basis. The interest or other income that results from an investment is the property of the …
16 Del. C. § 6005. Audit of funds.
0.2K chars
§ 6005. Audit of funds. The funds received or retained pursuant to this chapter shall be audited from time to time by the Auditor of Accounts.16 Del. C. 1953, § 6005; 57 Del. Laws, c. 37.;
16 Del. C. § 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting.
2.6K chars
§ 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting. (a) There is hereby established the Delaware Suicide Prevention Coalition, hereinafter in this chapter referred to as “the Coalition.” (b) The Coalition shall do all of the follo…
16 Del. C. § 6202. The Delaware Gun Shop Project.
3.1K chars
§ 6202. The Delaware Gun Shop Project. (a) The Delaware Gun Shop Project is established, and referred to throughout this chapter as “the Gun Shop Project”. (b) Definitions. As used in this chapter: (1) “Deadly weapon” means as defined under § 222 of Title 11. (2) “Firearm” means …
16 Del. C. § 6203. Office of Suicide Prevention.
1.7K chars
§ 6203. Office of Suicide Prevention. (a) The Office of Suicide Prevention is established under the Division of Substance Abuse and Mental Health. (b) For purposes of this section: (1) “Division” means “Division of Substance Abuse and Mental Health.” (2) “Office” means “Office of…
16 Del. C. § 6301. Establishment of State Emergency Response Commission.
0.5K chars
§ 6301. Establishment of State Emergency Response Commission. All references to “State Emergency Response Commission” or “Commission” within this chapter shall refer to the State Emergency Response Commission established under Chapter 82 of Title 29 in compliance with Title III o…
16 Del. C. § 6302. Definitions.
5.9K chars
§ 6302. Definitions. For the purposes of this chapter, definitions for the following terms and phrases shall be as follows: (1) Administrator. — The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (2) Department. — The term “Depa…
16 Del. C. § 6303. Emergency planning notifications.
3.6K chars
§ 6303. Emergency planning notifications. (a) A list of extremely hazardous substances shall be established by the Secretary for the purposes of this chapter. In establishing this list, the Secretary shall take into account the toxicity, reactivity, volatility, dispersability, co…
16 Del. C. § 6304. Emergency release notifications.
0.8K chars
§ 6304. Emergency release notifications. (a) Emergency release notification requirements are established under §§ 6014, 6028, and 7712 of Title 7. (b) [Repealed.] (c) Concerning the requirements for immediate notice to the State Emergency Response Commission as established under …
16 Del. C. § 6305. Material safety data sheets; safety data sheets.
4.6K chars
§ 6305. Material safety data sheets; safety data sheets. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and re…
16 Del. C. § 6306. Emergency and hazardous chemical inventory reporting.
4.0K chars
§ 6306. Emergency and hazardous chemical inventory reporting. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 (…
16 Del. C. § 6307. Toxic chemical release reporting.
11.0K chars
§ 6307. Toxic chemical release reporting. (a) The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (k) of this section for each toxic chemical listed under subsection (e) of this…
16 Del. C. § 6308. Data collection and management.
4.6K chars
§ 6308. Data collection and management. (a) The Department is hereby designated as the state agency responsible for the collection and management of all information reported under the requirements established within this chapter. (b) The Department is hereby authorized to assess …
16 Del. C. § 6309. Establishment of authority to collect fees.
0.3K chars
§ 6309. Establishment of authority to collect fees. The Department, with advice and consent of the State Emergency Response Commission, is hereby authorized to impose on and collect fees from facilities reporting under § 6306 of this title.68 Del. Laws, c. 184, § 1; 71 Del. Laws,…
16 Del. C. § 6310. Reporting fees.
2.2K chars
§ 6310. Reporting fees. (a) Excluding reports on mixtures, the reporting fees shall be assessed as follows: A filing fee not to exceed $40 shall be assessed for each hazardous chemical reported on an inventory form under § 6306 of this title. A filing fee not to exceed $80 shall …
16 Del. C. § 6311. Fee collection and management.
1.7K chars
§ 6311. Fee collection and management. (a) The fees herein authorized shall be assessed and collected annually based on information required to be submitted under § 6306 of this title covering the previous calendar year. (b) The fees herein authorized shall be appropriated to the…
16 Del. C. § 6312. Exemptions from reporting fee requirements.
0.6K chars
§ 6312. Exemptions from reporting fee requirements. (a) Federal, state, county and local government facilities and nonprofit organizations are exempt from the reporting fees under this chapter. (b) Motor vehicle fuels at facilities which offer such fuels for retail sale shall als…
16 Del. C. § 6313. Regulations.
2.0K chars
§ 6313. Regulations. (a) The Secretary may prescribe such regulations as may be necessary to carry out this chapter. (b) Regulations prepared by the Secretary under this chapter shall be subject to review and approval by the State Emergency Response Commission prior to promulgati…
16 Del. C. § 6314. Enforcement; penalties.
4.7K chars
§ 6314. Enforcement; penalties. (a) Any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may, upon presentation of appropriate credentials at any r…
16 Del. C. § 6315. Implementation and reevaluation of reporting fees.
0.9K chars
§ 6315. Implementation and reevaluation of reporting fees. (a) Effective July 1, 1991, the fees herein established shall be assessed at a rate of 66 percent on reports submitted and/or required to have been submitted in 1991 covering the 1990 calendar year. (b) For the following …