CHAPTER 309

FORMERLY

SENATE BILL NO. 343

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 50, TITLE 16, DELAWARE CODE, RELATING TO THE INVOLUNTARY COMMITMENT OF THE MENTALLY ILL.

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

Section 1. Amend §5001, Title 16, Delaware Code by adding new paragraphs (8) and (9) to read as follows:

"(8) '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.

(9) 'Peace officer' means any public officer authorized by law to make

arrests in a criminal case."

Section 2. Amend §5004, Title 16, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§5004. Legal effect of psychiatrist's certificate.

Where the psychiatric examination occurs at a place other than the hospital, the certificate of the examining psychiatrist shall constitute legal authorization for the alleged mentally ill person to be transported (together with the examining psychiatrist's certificate) to the hospital by a peace officer or, in the sole discretion of the examining physician, by designated transport personnel. Receipt by the hospital of the certificate of the examining psychiatrist shall authorize the hospital provisionally to admit the alleged mentally ill person as a patient. No peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm to the mentally ill person resulting from the performance of his or her functions under this section or under §5003 of this title unless such harm was the result of negligent, reckless, willful, wanton and/or intentional misconduct on his or her part."

Section 3. Amend Chapter 50, Title 16, Delaware Code by adding a new §5015 to read as follows:

"§5015. Costs of transportation and medical services.

The State Treasurer shall pay constables, sheriffs, and deputy sheriffs for service as peace officers under this section at the rate of 15 cents for each mile necessarily traveled as well as a custody fee of $25 for the first peace officer and $15 for each additional peace officer; and shall pay medical doctors for services under this section $15 for each case."

Approved July 6, 1992.