2025 Delaware Code
Title 16 - Health and Safety
Chapter 25B. Supplement to the Health-Care Decisions Act
§ 2503B. Advance mental health-care directive awareness.
(a) A health-care institution providing mental health care to an individual shall do all of the following:
(1) Determine whether the individual has an advance mental health-care directive.
(2) Make informational materials about advance mental health-care directives available to the individual.
(3) Prompt the individual to review any existing advance mental health-care directive or to consider creating an advance mental health-care directive.
(4) Assist individuals who express an interest in discussing or creating an advance mental health-care directive by helping them create the directive or by offering resources about how a directive may be created.
(b) Contingent on the provision of funds from the Behavioral Health Consortium, the protection and advocacy agency shall offer training to health-care institutions, health-care professionals, and certified peer recovery specialists about advance mental health-care directives.
(c) As provided in subsection (d) of this section, a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive.
(d) A health-care institution, health-care professional, or certified peer recovery specialist must attend the training under subsection (b) of this section before assisting an individual with creating an advance mental health-care directive.
(e) If provided in compliance with this section, any assistance that a health-care institution, health-care professional, or certified peer recovery specialist provide an individual with creating an advance mental health-care directive may not be deemed the practice of law.
84 Del. Laws, c. 467, § 2; 85 Del. Laws, c. 68, § 28;
