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2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 50. INVOLUNTARY COMMITMENT OF THE MENTALLY ILL; DISCHARGE; PROCEDURE
§ 5004. Legal effect of psychiatrist's certificate.


16 DE Code § 5004 (2012 through 146th Gen Ass) What's This?

Where the psychiatric examination occurs at a place other than the hospital, the certificate of the examining psychiatrist shall constitute legal authorization for the alleged person with a mental condition to be transported (together with the examining psychiatrist's certificate) to the hospital by a peace officer or, in the sole discretion of the examining physician, by designated transport personnel. Receipt by the hospital of the certificate of the examining psychiatrist shall authorize the hospital provisionally to admit the alleged person with a mental condition as a patient. No peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of the officer's or doctor's own functions under this section or under § 5003 of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct on the officer's or doctor's own part.

60 Del. Laws, c. 95, § 1; 68 Del. Laws, c. 309, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, § 176.;

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