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Delaware · Through 2026-10-01 (85 Del. Laws, c. 550)

16 Del. C. § 5632: General provisions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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Where this section sits in the code
  1. Title 16. Health and Safety
  2. Part V. Mental Health
  3. Chapter 56. Behavioral Health [For application of this chapter, see 85 Del. Laws, c. 461, § 12]
  4. Subchapter IV. Client Rights and Provider Duties [For application of this subchapter, see 85 Del. Laws, c. 461, § 12]

(a) The rights enumerated in this subchapter are in addition to and not a derogation of other constitutional, statutory, or regulatory rights.

(b) A client is entitled to assert the client’s rights, including through a complaint made to a provider organization, the Division, the Department, the protection and advocacy system, the Attorney General, or through another grievance process established under this chapter.

(c) Whenever a client cannot exercise a right under this subchapter, the right devolves to the client’s representative.

(d) A provider organization may not require a client to waive the client’s rights as a condition of admission or treatment.

(e) Whenever a provider organization limits a client’s right under this subchapter for clinical, safety, or legal reasons permitted under applicable law, the treating practitioner shall document the limitation and the rationale in the client’s clinical record. A limitation under this subsection must be for the shortest duration feasible.

(f) A client is entitled to the rights enumerated under this chapter regardless of the licensing status of the entity providing services to the client.

Collected 2026-10-21T05:49:39Z. Source file · JSON

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