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Delaware Code Title 16. Health and Safety § 2503B. Advance mental health-care directive awareness

Current as of January 01, 2026 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 2503B. Advance mental health-care directive awareness - last updated January 01, 2026 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-2503b/

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