Delaware General Assembly

AN ACT TO AMEND SECTION 5125, TITLE 16, DELAWARE CODE, RELATING TO INVOLUNTARY DETENTION IN DELAWARE STATE HOSPITAL FOR AN INDETERMINATE PERIOD OF TIME.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 5125, Title 16, Delaware Code, is repealed and a new Section 5125 enacted in lieu thereof to read:

§ 5125. Involuntary detention in Delaware State Hospital for an indeterminate period of time; medical certificate; liability; immunity

Subject to the provisions of sections 5121-5124 of this Title, no person shall be received as a patient for detention for an indeterminate period of time in the Delaware State Hospital, except as follows:

(1) A certificate shall be made and signed by at least 2 medical doctors licensed to practice medicine or surgery in the State that they have examined the person alleged to be suffering from mental illness. If reasonably possible, one of the medical doctors shall be a psychiatrist.

(0) The certificate shall be filed with the Superintendent of the Hospital at or before the time of admission of the patient to the Hospital.

(1) The certificate shall be made within 1 week after the examination of such person and within 2 weeks of the time of the filing of the same with the Superintendent.

(2) The certificate shall state that such person, in the opinion of the doctors, is mentally ill in that he has a psychiatric or other disease which substantially impairs his mental health, and because of his mental illness, either (i) he is likely to injure himself or others if allowed to remain at liberty, or (ii) he is in need of care or treatment in a mental hospital and

(5) No medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from the performance of his functions under this section unless such harm was intentional, or the result of wilful or wanton misconduct on his part.