CHAPTER 550

FORMERLY

SENATE SUBSTITUTE NO.1

FOR

SENATE BILL NO. 392

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MENTAL HEALTH PROCEDURES.

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

Section 1. The name of the Delaware State 1-lospital is changed to the Delaware Psychiatric Center and, after the effective date of this proposed Act, all references throughout the Delaware Code to this facility shall be to the Delaware Psychiatric Center.

Section 2. Amend §5001(1), Chapter 50, Title 16, Delaware Code by deleting the word "either" and by substituting in lieu thereof the word "both."

Section 3. Further amend §5001(1), Chapter 50, Title 16. Delaware Code by deleting the word "or" between "hospitalization," and "(ii)" and by substituting in lieu thereof the word "and."

Section 4. Amend §5001(2), Chapter 50, Title 16, Delaware Code by deleting the words "State Hospital" as they appear in the first sentence and by substituting in lieu thereof the words "Psychiatric Center."

Section 5. Amend 0101(2), Chapter 51, 'title 16. Delaware Code by deleting the word "subchapter" and by substituting in lieu thereof the word "chapter."'

Section 6. Further amend §510I, Chapter 51, title 16, Delaware Code by adding thereto a new subsection to read as follows:

"(4) ‘Hospital and 'mental hospital,' as used in this chapter, shall mean the Delaware Psychiatric Center or such other hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis and treatment of mentally ill persons 18 years of age or older. 'Hospital and 'mental hospital' shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children, Youth and Their Families as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons under 18 years (Wage.-

Section 7. Amend §5109(c), Chapter 51. Title 16, Delaware Code by deleting said subsection in its entirety and by substituting in-lieu thereof the following:

"(c) The Secretary shall appoint a Director for the Delaware Psychiatric Center. The Director shall be qualified in the field of mental health and have administrative experience. The Director shall be the chief administrative officer of the Center. The Director shall have all the powers, duties, and functions under this chapter heretofore vested in the Superintendent.-

Section 8. Amend the Title of §5122, Chapter 51. Title 16, Delaware Code to add the words "or other hospital" after the words "Delaware State Hospital."

Section 9. Further amend §5122, Chapter 51, Bale 16 by adding to subsection 0:i the words other hospital as defined in §5101(41" after "Delaware State Hospital as it appears in the third sentence of that paragraph.

Section 10. Further amend §5122(d) by adding the words "or other hospital as defined in §5101(4) after "Delaware State Hospital."

Section 11. Amend §5132, Chapter 51, Title 16, Delaware Code by deleting said section in its entirety and by substituting in lieu thereof the following:

"(a) If an inpatient of a State-operated mental hospital escapes, or is on unauthorized leave, its director may issue an order for the patient's immediate rehospitalization. The director or his designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to him. Such an, order. irrespective of the patient's actual receipt. shall authorize any peace officer to - take the patient into custody for rehospitalization.

(b) If an involuntarily committed inpatient from a non-State-operated hospital certified under §5135 or §5I 36 of this chapter escapes, or is on unauthorized leave, that hospital's director shall immediately notify the Director of the Division of Alcoholism. Drug Abuse and Mental Health. or his designee, if the patient is 18 years of age or older. or the Division of Child Mental Health Services, if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or his designee may issue notice and a rehospitalization order in conformity with subsection (a). Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.

Approved July 18, 1996