Del. Code Ann. tit. 16, § 5161 - Rights of patients in mental health hospitals or residential centers

This section provides a list of rights for patients of a mental health hospital or residential centers. A hospital or residential center that provides psychiatric services must post a list of patient rights in a public area in English and Spanish. Among these rights are, the right to have an outcome-oriented, individualized, and written treatment plan; treatment based on the plan; periodic review or revision of the plan according to treatment progress; and a description of treatment and other support services that may be needed upon discharge.  Each patient or a minor patient’s parents or guardian has the right to ongoing participation in his or her individualized treatment plan. The facility must prepare a written continuing care plan developed by an interdisciplinary staff, anticipated post-discharge providers and the patient or a minor patient’s parents or guardian prior to discharge. A patient must provide written, informed consent prior to surgery, electro-convulsive therapy, major medical treatments, or participation in experimental research.
 
The hospital or residential center must maintain a clinical record for each patient. The clinical record must contain complete information on the admission, legal status, care and treatment of the patient. Any information reported to the Department of Health and Social Services may not be considered public records and may not be disclosed to the public except as permitted by law. The patient, a minor patient’s parent or guardian, or a patient’s attorney has the right to access the patient’s clinical records.