SB 339

                SPONSOR:
                Sen. Seigfried & Rep. Neal
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 339
        AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ADVANCE HEALTH CARE DIRECTIVES.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend § 2511, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        § 2511. Optional form.
        The following form may be used to create an advance health-care directive:
        ADVANCE HEALTH-CARE DIRECTIVE
        HOW YOU CAN USE THIS FORM
        You can use this form if you wish to name someone to make health-care decisions for you in case you cannot make decisions for yourself. This is called giving the person a power of attorney for health care. This person is called your Agent.
        PART C: OPTIONAL SPECIAL POWERS AND GUIDANCE
        This part lets you give your Agent additional powers, and to provide more guidance about your wishes. You may mark or initial each choice. You also may leave any choice blank.
        1. OPTIONAL SPECIAL POWERS
        My Agent can do the following things ONLY if I have marked or initialed them below:
        (____) Admit me as a voluntary patient to a facility for mental health treatment for up to _____ days
        (write in the number of days
        you want like 7, 14, 30 or another number)
        (this number may not exceed 72 hours, which is equal to 3 days).
        (If I do not mark or initial this choice, my Agent MAY NOT admit me as a voluntary patient to this type of facility.)
        SYNOPSIS
        This Act makes a technical correction to the optional special powers form in the Uniform Health Care Decisions Act in Title 16. Currently, the existing language in the form implies any number of days can be written in to the advance directive when designating a maximum length of time for a mental health care related admission. However, under § 2518(e) of Title 16, an agent or default surrogate may not consent to voluntary admission of an individual to a facility for mental health treatment for longer than 72 hours. This Act removes the open-ended language in the form, so that a voluntary admission to a mental health facility by an agent may not exceed 72 hours.
        Author: Senator Seigfried