2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 22. SUBSTANCE ABUSE TREATMENT ACT
§ 2203 Definitions.

For the purposes of this chapter, definitions of the following terms and phrases shall be as follows:

(1) "Administrator'' means the individual or individuals who have been appointed by the entity that operates a licensed treatment facility to manage its affairs and who will be its agent for service of process or orders of a court.

(2) "Court,'' unless otherwise identified, means the Superior Court of the State, except where the person in need of treatment is under the age of 18 years. If the person in need of treatment is under the age of 18 and it is appropriate, "court'' may then mean the Family Court of the State.

(3) "Department'' means the Department of Health and Social Services unless the usage indicates otherwise.

(4) "Designated transport personnel'' means those personnel designated by the Secretary of the Department of Health and Social Services, in the case of adults, or the Secretary of the Department of Services for Children, Youth and Their Families, in the case of minors under the age of 18 years, to transport persons in need of treatment.

(5) "Division'' means the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, or Division of Prevention and Behavioral Health Services as indicated by the usage.

(6) "Facility'' or "treatment facility'' means an entity, other than a licensed hospital, that provides care, lodging or treatment to persons in need of treatment. A "residential treatment facility'' provides 24 hour, live-in treatment to persons in need of treatment. A treatment facility may have 1 or more "treatment programs'' which are distinct therapeutic service components that may also address different age populations. "Facility'' does not include the outpatient practice offices of licensed independent practitioners, including, but not limited to, physicians, psychologists, social workers and counselors.

(7) "Office'' means the Office of Substance Abuse Services within the Department of Health and Social Services.

(8) "Patient'' means a person in need of treatment who is the subject of a petition for involuntary treatment or anyone engaged in substance abuse who is requesting voluntary treatment, or as permitted under this chapter, those individuals for whom treatment has been consented to by a parent, relative caregiver, legal guardian or legal custodian.

(9) "Patient representative'' means an individual or entity authorized to act on the patient's behalf by operation of law or express appointment by the patient.

(10) "Peace officer'' means any public officer authorized by law to make arrests in a criminal case.

(11) "Person in need of treatment'' means an individual who engages in substance abuse as previously defined in this section to the extent that:

a. Such use causes the person to pose an imminent risk of injury to self or others without treatment; or

b. Otherwise substantially interferes with the individual's ability to provide self-care in an age-appropriate manner, as evidenced by a significant impairment of functioning in hydration, nutrition, self-protection or self-control, thereby posing a grave and immediate risk of serious harm to the individual's health and well-being.

(12) "Person who is incompetent'' means a person who has been adjudged incompetent by an appropriate state court.

(13) "Physician'' means an individual licensed to practice medicine in this State; or a physician employed by the Delaware Psychiatric Center, registered within the Medical Council of Delaware, and certified by the Division as being qualified in the diagnosis and treatment of substance abuse; or any physician employed by the United States government within the State in the capacity of psychiatrist and certified by the Division as qualified in the diagnosis and treatment of substance abuse.

(14) "Secretary'' means the Secretary of the Department of Health and Social Services, unless the usage indicates otherwise.

(15) "Staff,'' means individuals with specific training in drug and alcohol assessment or treatment who are licensed by the State as independent practitioners in the fields of nursing, social work, medicine, psychology, or counseling; or individuals otherwise certified as drug and alcohol counselors in a manner acceptable to the State; or individuals otherwise permitted to practice as set out above.

(16) "Substance abuse'' means the chronic, habitual, regular or recurrent use of alcohol, inhalants or controlled substances as identified in Chapter 47 of this title.

(17) "Substance evaluation team'' is staff in the substance abuse and mental health field charged with assisting other agencies in determination of the appropriate treatment modalities for patients referred.

(18) "Treatment'' means clinical and related services rendered to a person who abuses alcohol, drugs or inhalants.

(19) "Treatment team'' means staff members who collectively provide clinical services to a person in need of treatment.

(20) "Working day'' means all days other than Saturdays, Sundays and legal state and federal holidays.

73 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 327, § 210(a); 78 Del. Laws, c. 179, § 165.;