STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL AT FARNHURST
AN ACT TO AMEND 3074. SECTION 9, AND 3072. SECTION 7 OF CHAPTER 76 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, BY STRIKING OUT PARAGRAPHS TWO AND THREE FROM 3074. SECTION 9 AND RE-ENACTING THE SAME SUBJECT MATTER UNDER 3072. SECTION 7.
Be it enacted by the Senate and House of Representatives in General Assembly met:
Section 1. That 3074. Section 9 of Chapter 76, of the Revised Code of the State of Delaware, 1935, be and the same is hereby amended by striking out paragraphs Two and Three thereof.
Section 2. That 3072. Section 7 of Chapter 76 of the Revised Code of the State of Delaware, 1935, be amended by adding thereto the above-named paragraphs, and the same shall become paragraphs Two and Three of 3072. Section 7, Chapter 76, so that 3072. Section.7 shall then be in toto as follows:--
3072. Sec. 7. Psychiatric Observation Clinic; Patients; How Admitted; Duration of Observation:--The State Board of Trustees of The Delaware State Hospital at Farnhurst are hereby authorized to establish under the direction and supervision of the said State Hospital a psychiatric observation clinic for the observation, study, psychiatric diagnosis and treatment of persons suffering from mental and nervous diseases. Any physician licensed to practice medicine within this State, may, upon compliance with the rules and regulations of the said State Board of Trustees made from time to time, cause any patient under his care or treatment, who is suffering from mental or nervous disease, to be admitted to said Clinic for a period not to exceed four weeks at any one time for observation, study, diagnosis and treatment. Any patient so admitted shall remain in said Clinic for a further period or periods not to exceed four weeks' duration each, upon the request of the physician upon whose application such patient was admitted to said Clinic and with the approval of the said State Board Of Trustees. Any person who shall be admitted into such clinic shall not be allowed to depart therefrom prior to the expiration of such four weeks period, or any extension thereof, in case any such extension shall have been made, without the consent of the Superintendent of The Delaware State Hospital.
Upon the filing of such application it shall be the duty of the Psychiatric Observation Clinic of The Delaware State Hospital to observe and study the person mentioned in said certificate and report its findings to the State Board of Trustees of the said Hospital. If the report of the said Clinic shall be that the said supposed insane person should be admitted to the said Hospital because of mental diseases, the said State Board of Trustees are hereby authorized, empowered and directed to summon a jury of six responsible persons to determine whether such person is suffering from mental disease and should be admitted to the said Hospital, if such jury shall be requested by any person related or connected with such supposed insane person by blood or marriage. If such jury shall not be requested, the State Board of Trustees shall appoint a commission consisting of two qualified and licensed physicians who shall determine whether such supposed insane person is suffering from mental disease and should be admitted into said State Hospital. The said Jury or the said Commission, as the case may be, shall report their findings to the said State Board of Trustees and if the report shall be that such supposed insane person is suffering from mental disease and should be admitted into said Hospital, such report shall be sufficient for the commitment of such person, subject to the right of appeal hereinafter provided. No investigation by the said Jury or Commission shall be had except in the presence of the said supposed insane person and the said Jury or Commission shall have power to take testimony and administer oaths.
The said supposed insane person or any person related to or connected with him by blood or marriage, shall have the right to an appeal from the findings of said Jury or Commission to the Chancellor of the State of Delaware within ten days from the filing of the report of such Jury or Commission with the said State Board of Trustees. The members of said Jury or Commission shall receive such compensation as shall be fixed by general rule by the said State Board of Trustees. This Section shall not apply to or be construed to embrace commitments to said Hospital made by any Court of this State, as provided by law.
Approved April 24, 1939.
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