Loading chat...
DE HB9
Bill
Status
3/28/2013
Primary Sponsor
Earl Jaques
Click for details
AI Summary
-
Extends civil and criminal immunity to peace officers, medical doctors, credentialed mental health screeners, and their facilities for mental health assessments and involuntary holds, except for intentional or willful/wanton misconduct.
-
Limits immunity during the initial mental health assessment and hold period only until the person is presented to a designated psychiatric treatment facility for 24-hour detention.
-
Provides a separate, lower immunity standard for designated psychiatric treatment facilities during the 24-hour involuntary detention period, protecting against negligent, reckless, willful, wanton, and intentional misconduct claims.
-
Excludes medical negligence claims arising after the initial mental health assessment and detention decision from immunity protection.
-
Preserves the State of Delaware's sovereign immunity and privileges set forth in Chapter 40, Title 10 of the Delaware Code.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To Mental Health And Liability.
Last Action
Signed by Governor
3/28/2013