Bill Text: DE SB221 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Mental Health.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2010-07-15 - Signed by Governor [SB221 Detail]

Download: Delaware-2009-SB221-Draft.html

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SPONSOR:	Sen. Henry & Rep. Barbieri Sens. Blevins, Bushweller & Sorenson Reps. Schooley, Bennett & Manolakos

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 221

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MENTAL HEALTH.

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

Section 1.Amend Title 16, Section 5530(a)(6) of the Delaware Code by deleting "Nieces and Nephews"

and substituting in lieu thereof "An adult aunt or uncle; or" and creating a new subsection (7) to read as follows "(7) An adult niece or nephew."

Section 2.Amend Title 16, Section 5530(b) by deleting subsection (b) in its entirety and substituting in lieu thereof:

"(b)"Elective surgery" is a surgical medical or dental procedure, not including sterilization, for the purposes of non-life threatening treatment or diagnosis."

Section 3.Amend Title 16, Section 5530(d) by deleting subsection (d) in its entirety and substituting in lieu thereof:

"(d)Persons receiving services from the Division of Developmental Disabilities Services (DDDS)" shall include, for the purposes of this subchapter, those persons served within the residential program of the Division."

Section 4.Amend Title 16, Section 5531(a) by inserting "("DDDS")" after the word "Services" and before the word "may".

Section 5.Amend Title 16, Section 5531(b)(1) by deleting the phrase "diagnosed with mental retardation or other specific developmental disabilities" and substituting in lieu thereof "receiving services from DDDS" and by deleting the phrase "the least restrictive and" and substituting in lieu thereof "an appropriate and least".

Section 6.Amend Title 16, Section 5531(b)(2) by deleting the phrase "of 2 physicians or 2 dentists, as the case may be, not" and substituting in lieu thereof "from at least 1 physician or 1 dentist, as applicable, who are not directly".

Section 7.Amend Title 16, Section 5531(b)(3) by deleting the phrase "diagnosed with mental retardation or other specific developmental disabilities" and substituting in lieu thereof "receiving services from DDDS"

SYNOPSIS

This Bill updates the statute that allows the Division of Developmental Disabilities Services to authorize surgical procedures for persons receiving residential services from the Division.It expands the range of potentially available relatives to authorize elective surgery for persons receiving services from the Division of Developmental Disabilities Services.It expands the scope of the authorization to diagnostic procedures and corrects the statutory definition of who is covered by this law.

Author:Senator Henry