CHAPTER 300

FORMERLY

HOUSE BILL NO. 297

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 16, DELAWARE CODE, RELATING TO THE PROCEDURE FOR THE INVOLUNTARY COMMITMENT OF MENTALLY ILL PERSONS TO THE DELAWARE STATE HOSPITAL AND OTHER HOSPITALS AND DISCHARGE THEREFROM.

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

Section 1. Amend Title 16, Delaware Code, §5001 by striking subsection (5) of said section in its entirety and substituting in lieu thereof the following:

(5) "Psychiatrist" means:

i. a physician licensed to practice medicine in this State specializing in the field of psychiatry; or a physician employed by the Delaware State Hospital, registered with the Medical Council of Delaware, and certified by the Delaware State Hospital Medical Director to the Medical Council of Delaware as being qualified in the diagnosis and treatment of mentally ill persons; or

ii. any physician employed by the United States Government within the State of Delaware in the capacity of psychiatrist and certified by the Delaware State Hospital Medical Director to the Medical Council of Delaware as qualified in the diagnosis and treatment of mentally ill persons."

Section 2. Amend Title 16, Delaware Code, §5007 (a) by striking from the first line thereof, the figure "3" between the words "than" and "working," and substitute in lieu thereof the figure "6."

Section 3. Amend Title 16, Delaware Code, §5007 (a) by striking from the first and second lines thereof, the words "it determines that the involuntary patient is a mentally ill person" between the word "date" and the word "the" and substitute in lieu thereof "of provisional admission."

Section 4. Amend Title 16, Delaware Code, §5007 (a) by deleting the next to last sentence and in lieu thereof, the sentence should read, "The complaint shall also aver that the involuntary patient has been advised of his rights under this Chapter."

Section 5. Amend Title 16, Delaware Code, §5007 by adding a new section (e) to read as follows: "(e) The hospital's investigation shall indicate whether the involuntary patient is able to afford counsel and an independent psychiatric witness within eight (8) working days of provisional admission."

Section 6. Amend Title 16, Delaware Code, §5008 (1) by striking the figure "12" in the last sentence of this section between the words "than" and "working," and substitute in lieu thereof the figure "18."

Section 7. Amend Title 16, Delaware Code, by inserting a new §5014 as follows: "§5014. Enlargement of Time

Notwithstanding the provisions of 55001 through 55013 of this Title, the Court may enlarge the time for the performance of nets by the hospital or respondent's attorney, and of scheduling hearings thereunder, for good cause shown, for a reasonable period, consistent with the rights of the respondent."

Approved July 1, 1980.