CHAPTER 279

AN ACT TO AMEND PART V OF TITLE 16, DELAWARE CODE, BY REVISING AND REDEFINING THE POWERS HERETOFORE VESTED IN THE STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL AT FARNHURST AND VESTING ALL SUCH REVISED AND REDEFINED POWERS IN A DEPARTMENT OF THE STATE GOVERNMENT TO BE CALLED THE DEPARTMENT OF MENTAL HEALTH.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 51, Title 16, Delaware Code, is amended by changing its caption to read:

CHAPTER 51. THE DEPARTMENT OF MENTAL HEALTH

Section 2. Sub-chapter I, Part V, Title 16, Delaware Code, is amended to read:

SUBCHAPTER I. THE BOARD OF TRUSTEES OF THE

DEPARTMENT OF MENTAL HEALTH

§ 5101. Definitions

(a) As used in this Part "The State Board of Trustees of the Delaware State Hospital at Farnhurst" or "Board of Trustees, or State Board" or "State Board of Trustees" or "State Board of Trustees of the Hospital" or "Board of Trustees of the Hospital" mean, the Board of Trustees of the Department of Mental Health.

(b) Wherever in Part V of this title, except in Subchapter 1, the designation of "Superintendent" occurs, referring to the office of Superintendent as it was heretofore defined, such reference shall mean the "Commissioner of the Department of Mental Health"; and wherever in this part the designation "Assistant Superintendent" occurs, it shall mean "Superintendent".

§ 5102. Appointment; term; vacancies; compensation

(a) The State Board of Trustees of the Delaware State Hospital at Farnhurst is continued in office and redesignated as the Board of Trustees of the Department of Mental Health.

(b) The Board shall consist of 9 members, 3 from each county, to be appointed by the Governor, for terms of three years, commencing on the 26th of April in the year of appointment. The term of office of one of the Trustees appointed from each county shall expire each year.

(c) There shall also be an additional member appointed from the State at large for a term of 3 years.

(d) There shall also be a psychiatric member appointed from the State at large who shall serve at the pleasure of the Governor, and shall be a qualified psychiatrist licensed to practice in Delaware and shall not be a State employee.

(e) All vacancies in the Board occurring for any reason other than expiration of term shall be filled by the Governor for the residue of the term. Of the members required to be appointed from any county, there shall at all times be at least one from each of the two major political parties. One of the three trustees appointed from each county shall be a physician licensed to practice in Delaware and not a State employee.

(f) Each of the members shall receive, for attendance at each meeting of the Board in performance of his duties $25.00, and mileage. No member of the Board shall receive in one year compensation or fees for attendance upon more than 12 meetings of the Board. The compensation shall be paid by the State.

(g) All the rights, powers, duties, obligations and authority belonging to or invested in the State Board of Trustees of the Delaware State Hospital at Farnhurst prior to the enactment of this chapter are transferred to and vested in the Board of Trustees of the Department of Mental Health as successor to the State Board of Trustees of the Delaware State Hospital at Farnhurst.

§ 5103. Powers; duties; meetings; quorum; regulation of boards

(a) The Board of Trustees shall have sole and complete control of the Department of Mental Health and of the institutions and agencies which operate under the Department of Mental Health.

(b) The Board shall appoint a Commissioner of Mental Health, who shall be a psychiatrist who is certified by the American Board of Psychiatry and Neurology, and further qualified by broad training and experience in the administration of hospital and community programs of prevention and early treatment. The Board may delegate to the Commissioner such powers and responsibilities as they may see fit to delegate, and shall set his compensation and other terms of service.

(c) The Board shall be responsible to see that the Department of Mental Health is soundly administered and provides the best feasible care, treatment, training and rehabilitation.

(d) The Board shall have regular monthly meetings, at which they shall receive from the Commissioner, such reports as they shall require regarding the functioning of the various agencies and institutions.

(e) The regular meeting in May of each year shall be the annual meeting, and at this meeting the Board shall elect a President, a Vice President, a Secretary and such other officers as the Board shall deem necessary.

(f) At any regular or special meeting of the Board six Trustees shall be considered a quorum.

(g) The Board shall adopt such by-laws, rules and regulations as may be necessary for their own government and for the proper operation of the Department of Mental Health and the several institutions and agencies under their supervision. Such rules and regulations must be subject to the provisions of the laws of Delaware and of the United States.

§ 5104. Authorization to receive Federal funds; disposition

The Board, as the Mental Health Authority of Delaware, is authorized to apply for and receive such funds as may be made available from any agency of the federal government as grants in aid to mental health programs or programs for the mentally retarded. All monies so received shall be paid into the State Treasury for the use of the Board and may be used only for the purposes for which they were granted.

§ 5105. Property; acquisition; holdings; disposition

The Board shall take, receive and hold for the State of Delaware all properties previously held by the Board of Trustees of the Delaware State Hospital, including the property of the Delaware State Hospital at Farnhurst, the Governor Bacon Health Center at Delaware City, the Hospital for the Mentally Retarded at Stockley, the Day Care Center at Dover and the Mental Hygiene Clinic at Farnhook, together with all additions, other buildings and lands at any time appurtenant thereto, as well as all funds, credits, rights, fixtures, equipment or supplies heretofore belonging to the Board of Trustees of the Delaware State Hospital at Farnhurst. Additional property may not be purchased, and land, buildings or property may not be sold, except by authorization of the General Assembly.

§ 5106. Donations of property; form of a devise or gift; the use of such property

Any person may give, grant, devise or bequeath to the State of Delaware any property, real, personal or mixed, for the use of the Department of Mental Health or of any institution or agency operated by the Department, and the State Board of Trustees may receive, collect, take and hold, for the use and benefit of the named Department, institution or agency, any and all property so given, granted, devised or bequeathed, and shall manage and use the same for the benefit of the named Department or division thereof in accordance with the provisions of such grants, devises or bequests and with the laws creating and governing the Department and its institutions and agencies. Nothing contained in this section shall be construed as authorizing or empowering the Board of Trustees to hold in its name any real estate for the use of the Department or its divisions. The legal title to such real estate should be in the name of the State of Delaware.

§ 5107. Accounting by Board; special emergency funds

(a) The Board shall keep or have kept a full, true and accurate account of all monies received by the various institutions and agencies under their supervision, for the board, care and attention of the patients, commonly known as "pay patients", and all monies received from any other source than the annual appropriation made to the institutions and agencies by the State and the special fund provided for in subsection (b) of this section, and shall pay the same over to the State Treasurer on or before the 15th day of the month following the receipt of all such monies together with a full statement of the same.

(b) The State Treasurer shall open and keep separate accounts of the monies paid him under subsection (a) of this section for each of the institutions and agencies which shall have paid over such monies to the Treasurer, to be known as "Special Fund of the (name of institution or agency)". The funds shall be drawn upon by the Board of Trustees for the actual expenses of operating the institution or agency from which such funds shall have been collected.

§ 5108. Cost of maintaining Department, institutions and agencies

The cost of maintenance of the Department and all its divisions, institutions and agencies shall be borne by the State, and shall be paid by the State Treasurer on orders or vouchers signed by the President and Secretary of the Board of Trustees. The State Treasurer shall pay these vouchers or orders with funds appropriated annually by the General Assembly for that purpose, based on a budget request made by the Board of Trustees. All accounts are to be audited according to State Law.

§ 5109. Sale of products made in institutions

The Board shall be empowered to operate the various properties and shops connected with the institutions for the benefit of the patients and to sell any products resulting, if in excess of the institutions' needs, applying the proceeds of sale to the General Fund of the State.

§ 5110. Operation of commissaries

The Board shall be empowered to operate commissaries in the various institutions for the benefit of patients.

§ 5111. Commissioner of the Department of Mental Health; duties; heads of institutions and agencies

(a) The Commissioner of the Department of Mental Health, under the authority of the Board, is responsible for the total mental health program supported by the State, including in-patient, out-patient, day care and emergency services, public education and information and the performance of such other duties as may be delegated to him by the Board.

(b) The Commissioner shall organize a Central Office for the Department, containing such assistants, consultants and stenographic help as may be necessary to perform adequately the duties of the Department.

() The Commissioner shall appoint, with Board approval, a Superintendent for the Delaware State Hospital who shall be a qualified psychiatrist, certified by the American Board of Psychiatry and Neurology, with administrative experience, who is eligible for Delaware licensure. The Superintendent shall be the chief administrative officer of the hospital.

(a) The Commissioner shall appoint, with Board approval, a Superintendent for the Hospital for the Mentally Retarded at Stockley. The Superintendent shall be qualified in the field of mental retardation, with administrative experience. The Superintendent shall be the chief administrative officer of the Hospital.

(e) The Commissioner shall appoint, with Board approval, a Superintendent of the Governor Bacon Health Center, who shall be a qualified psychiatrist, certified by the American Board of Psychiatry and Neurology, with the experience in child and adolescent psychiatry and administrative experience. He shall be the chief administrative officer of the Center.

(f) The Commissioner shall appoint, with Board approval, a Director of Mental Hygiene Clinics, who shall be a qualified psychiatrist, certified by the American Board of Psychiatry and Neurology and experienced in outpatient services and in administration. He shall be the chief administrative officer of the Clinics.

(g) The Commissioner shall appoint, with Board approval, a Director of the Daytime Care Centers, who shall be a licensed physician or an educator, psychologist or social worker with a doctor's degree. The appointee shall have had experience in mental retardation and in program administration. He shall be the chief administrative officer of the Daytime Care Center Program.

(h) The Commissioner may delegate to the chief administrative officer of each institution and agency, the authority to hire such personnel as may be necessary for the proper operation of the institution or agency provided he remains within budgetary limits.

() The employment of any Superintendent, Director or other employee of the Department may be terminated by the Commissioner at any time or in any manner, provided that such termination does not violate the legal rights of the employee in question and provided it does not conflict with any directive or procedure prescribed by the Board.

(e) An annual report shall be prepared in each institution and agency not later than four months after the close of the fiscal year, to be presented to ,the Board members, to the Governor, to the members of the Legislature, the Legislative Reference Bureau, to the members of the Executive Branch of the State government, and copies shall be made available to the press and public and private agencies.

(k) In July of each year, the chief administrative officer of each institution and agency shall submit to the Commissioner a budget request for the next fiscal year. The Commissioner shall present the combined budgets of the Department to the Board, who will review it and then submit it to the Director of the Budget.

Section 3. Chapter 51, Title 16, Delaware Code, except Subchapter I amended by this act, is amended by striking the words "State Board of Trustees of the Delaware State Hospital at Farnhurst" where they appear therein and inserting in lieu thereof the words "Board of Trustees of the Department of Mental Health".

Section 4. Sections 5302, 5308, 5309, 5310, 5501, 5502, 5503, 5504, 5505, 5507 and 5508, Title 16, Delaware Code, are hereby repealed.

Approved May 7, 1964.