CHAPTER 308

FORMERLY

SENATE BILL NO. 342

AN ACT TO AMEND CHAPTER 51, TITLE 16, DELAWARE CODE RELATING TO THE ADMISSION, MAINTENANCE AND DISCHARGE OF PATIENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5122(a), Title 16, Delaware Code by adding a new

paragraph (3) to read as follows:

"(3) 'Designated transport personnel' means such personnel as designated

by the Secretary of the Department of Health and Social Services to transport mentally ill persons to and from the hospital and public treatment facilities."

Section 2. Amend §5122(c), Title 16, Delaware Code by inserting after the word "officer" and before the word "to" in the third sentence of said subsection the following, "or, in the sole discretion of the examining physician, by designated transport personnel".

Section 3. Amend §5122(d), Title 16, Delaware Code by deleting said

subsection and substituting in lieu thereof the following:

"(d) Upon receiving an alleged mentally ill person at the Delaware State Hospital, the Superintendent shall detain, care for and treat as medically appropriate the said patient for a period not to exceed 24 hours; provided, however, that this period shall be 72 hours for minors admitted in conformity with §5135 of the Title. If it appears that the nearest known relative has not received prior notice of the proceedings, the Superintendent shall, if reasonably possible, promptly give such notice. Unless the patient is discharged from the Hospital within that period, then at the termination of the period he shall be discharged unless he is admitted or committed to the said Hospital under some other provision of law. A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to any mental health facility pursuant to this chapter is a dangerously mentally ill person. A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review of a determination that a person 18 years of age or older admitted to any mental health facility pursuant to this chapter is a dangerously mentally ill person."

Section 4. Amend §5136, Title 16, Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

"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 mentally ill adults under this chapter. If so certified, on a case-by-case basis, any such hospital shall be authorized to serve in addition to the Delaware State Hospital under this chapter."

Approved July 6, 1992