Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subchapter I. General Provisions
§ 5101. Definitions. - As used in this title: (1) “Department” or “Department of...
§ 5102. Authorization to receive federal fund; disposition. - The Department may apply for and receive such funds as...
§ 5103. Property; acquisition; holdings; disposition. - The Department shall take, receive and hold for the State...
§ 5104. Donations of property; form of a devise or gift; the use of such property. - Any person may give, grant, devise or bequeath to the...
§ 5105. Accounting by Department. - The Department shall keep or have kept a full, true...
§ 5106. Cost of maintaining Department, institutions and agencies. - The cost of maintenance of the Department and its divisions,...
§ 5107. Sale of products made in institutions. - The Department shall operate the various properties and shops connected...
§ 5108. Operation of commissaries. - The Department shall operate commissaries in the various institutions for...
§ 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies. - (a) The Secretary of the Department of Health and Social...
Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing
§ 5137. Legislative intent; definitions. - (a) Legislative intent. — The General Assembly's purpose in requiring...
§ 5138. Criminal background checks. - (a) The Department shall not hire or employ an applicant...
§ 5139. Drug testing required. - (a) Preemployment testing. — The Department shall not hire or...
Subchapter III. Mental Hygiene Clinic
§ 5141. Establishment and composition. - The Department may maintain mental hygiene clinics which shall be...
§ 5142. Duties and powers of clinic. - (a) The mental hygiene clinic shall examine all public or...
Subchapter IV. Persons With Criminally Mental Conditions
§ 5151. Establishment of department for persons with criminally mental conditions. - The Department shall establish at the Delaware Psychiatric Center a...
§ 5152. Commitment by courts. - (a) All persons with criminally mental conditions who are adults...
§ 5153. Commitment from other institutions. - The governing authorities of any institution of this State, including...
§ 5154. Liability for cost of maintenance and care. - The expenses of the removal of an adult with a...
Subchapter V. Mental Health Patients’ Bill of Rights
§ 5161. Rights of patients in mental health hospitals or residential centers. - (a) As used in this section: (1) “Department ” means...
§ 5162. Notification of critical incidents and deaths, report forms. - (a) As used in this section: (1) “Covered facility” means...
§ 5163. Enforcement of rights; Court of Chancery. - This subchapter shall be enforceable by the Attorney General or...
Subchapter VI. Pharmaceutical Research
§ 5171. Definitions. - As used in subchapter: (1) “Department” shall mean the Department...
§ 5172. Rules and regulations. - (a) Prior to the participation of any patient in pharmaceutical...
§ 5173. Institutional Review Board. - (a) The Department shall establish an Institutional Review Board which...
§ 5174. Patient participation restricted. - The following patients shall be ineligible to participate in pharmaceutical...
§ 5175. Informed consent required. - (a) No patient may participate in any pharmaceutical research, investigation...
§ 5176. Waiver of informed consent requirement. - Sections 5174(2) and 5175 of this title may be waived...
Subchapter VII. Community Mental Health Treatment Act
§ 5181. Definitions. - As used in this chapter: (1) “Department” means the Department...
§ 5182. Community mental health patients' rights. - It is the intent of the General Assembly and purpose...
§ 5183. Devolution of rights. - Consistent with the nature of each right in § 5182...
§ 5184. Reporting requirements. - (a) Any employee of a facility or anyone who provides...
§ 5185. Protection and advocacy agency. - (a) The protection and advocacy agency is authorized to complement...
§ 5186. Enforcement of rights. - This subchapter shall be enforceable by the Attorney General, the...
Subchapter VIII. Behavioral and Mental Health Commission
§ 5194. Adult Mental Health Peer Review Commission; purpose, formation, governance. - (a) For the purposes of this section: (1) “Designated psychiatric...
Subchapter VIII-A. Behavioral Health Consortium; Prescription Opioid Distribution Commission
§ 5195. Behavioral Health Consortium; Prescription Opioid Distribution Commission. - (a) The following are established: (1) The Behavioral Health Consortium,...
§ 5196. Organization and composition of the Consortium. - (a) The Consortium is composed of 27 members, as follows:...
§ 5196A. Organization and composition of the Prescription Opioid Settlement Distribution Commission. - (a) The Commission shall make recommendations to the Consortium regarding...
§ 5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund. - (a) (1) The Consortium shall distribute the money in the...
§ 5197. Freedom of Information Act applicability to the Consortium; intent. - The Consortium is a “public body,” as defined in and...
Subchapter IX. Addiction Action Committee
§ 5198. Purpose and authority. - (a) The Addiction Action Committee (the “Committee”) is hereby established....