CHAPTER 285

FORMERLY

HOUSE BILL NO. 258

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PERSONS WITH MENTAL RETARDATION, MENTAL ILLNESS AND OTHER SIGNIFICANT DISABILITIES.

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

Section 1. Amend Chapter 55, Title 16 of the Delaware Code, by striking § 5521 thereof in its entirety and by substituting in lieu thereof a new section to read as follows:

Ҥ 5521. Admission to Stockley Center

The Department of Health and Social Services may establish voluntary admission procedures for residential services at the Stockley Center for individuals who meet the eligibility criteria established by the Division of Development Disabilities Services through regulations.”

Section 2. Amend Chapter 55, Title 16 of the Delaware Code, by striking § 5522 through § 5524 thereof in their entirety and by re-designating § 5525 thereof as § 5522.

Section 3. Amend § 5109, Title 16 of the Delaware Code, by striking subsection (d) thereof in its entirety and by substituting in lieu thereof the following:

“(d) The Secretary shall appoint an Executive Director for the Stockley Center. The Executive Director shall be qualified in the field of mental retardation/developmental disabilities and have administrative experience. The executive Director shall be the chief administrative officer of the center.”

Section 4. Amend § 5701, Title 16 of the Delaware Code, by striking subsection (a) thereof in its entirety and by substituting in lieu thereof the following:

“(a) As used in this chapter, “informed consent” is the voluntary agreement by the person to be sterilized and shall minimally include the following elements:

(1) Full disclosure of the facts necessary to make an informed decision to include:

a. The risks that a reasonable person would consider pertinent to the decision to undergo or not undergo a sterilization procedure;

b. The risks that a prudent physician would disclose to a patient relative to sterilization;

c. The comparative benefits and risks of undergoing available sterilization procedures.

(1) Knowledge and understanding of the alternatives to sterilization;

(2) Ability of the patient to understand the information and deliberate about choices;

(3) Knowledge and understanding that the patient is free to give or withhold consent without fear of repercussion;

(4) Knowledge and understanding that the patient may withdraw consent at any time prior to the procedure without fear of repercussion.”

Section 5. Amend § 5703, Title 16 of the Delaware Code, by striking paragraph (1) thereof in its entirety and by substituting in lieu thereof the following:

“(1) An individual who lives in an institution that serves persons with mental illness, mental retardation or other significant cognitive disability;”

Section 6. Amend § 5703, Title 16 of the Delaware Code, by striking the word “or” as it appears at the end of paragraph (3) thereof, by striking the period (“.”) as it appears at the end of paragraph (4) thereof and substituting in lieu thereof a semi-colon (“;”), and by adding thereto the following:

“(5) A person receiving residential services from the Department of Health and Social Services.”

Section 7. Amend § 5705(a)(2) and § 5705(a)(4), Title 16 of the Delaware Code, by inserting therein the word “state” immediately before the word “agency” wherever it appears therein.

Section 8. Amend § 5134, Title 16 of the Delaware Code, by striking the words “Alcoholism, Drug Abuse and Mental Health” and inserting in lieu thereof the words “Substance Abuse and Mental Health”.

Section 9. Amend § 5134, Title 16 of the Delaware Code, by striking the words “Mental Retardation” and inserting in lieu thereof the words “Developmental Disabilities Services”.

Section 10. Amend § 5134, Title 16 of the Delaware Code, by striking the words “Director of the Division of Correction” and inserting in lieu thereof the words “Commissioner of the Department of Correction”.

“Section 11. Amend §5707(c), Title 16 of the Delaware Code by deleting paragraph (4) in its entirety and re-designating paragraphs (5) through (7) as paragraphs (4) through (6) respectively.

Section 12. Amend §5712(b)(3), Title 16 of the Delaware Code by deleting subsection “e” in its entirety and substituting in lieu thereof a  new subsection “e” as follows: “e. If the respondent is female, pregnancy would present a substantial danger to the life or health of the respondent; and.”

Approved June 15,2006