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DE HB311
Bill
Status
6/27/2012
Primary Sponsor
Gerald Brady
Click for details
AI Summary
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Replaces current emergency apprehension system with new 24-hour detention procedure allowing psychiatrists or credentialed mental health screeners to evaluate persons with mental conditions anywhere and transport them to appropriate facilities in least restrictive manner.
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Expands professionals authorized to conduct emergency evaluations and detentions to include credentialed mental health screeners (licensed or unlicensed mental health professionals) in addition to psychiatrists, and allows multiple types of designated transport personnel beyond police officers.
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Defines key terms including "mental condition," "dangerous to self," "dangerous to others," and "24-hour detention," with detention period extended to 72 hours for minors; requires psychiatrist review within 24 hours and written documentation of clinical decision-making.
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Provides expanded immunity from civil and criminal liability for peace officers, mental health professionals, hospitals, and other healthcare providers involved in detention process unless harm was intentional or result of willful or wanton misconduct.
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Phases implementation over one year (until July 1, 2013) to allow community-based services to become fully operational before complete procedural change; modifies voluntary admission procedures and discharge requirements at Delaware Psychiatric Center.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To The Admission, Maintenance And Discharge Of Patients With Mental Conditions.
Last Action
HS 1 for HB 311 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
6/27/2012