General provisions [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5632
in effect(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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc04/index.htmlFetched: 10/4/2026