Del. Code tit. 16, § 5601 Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].
As used in this chapter:
(1) “Behavioral health condition” means a diagnosable disorder of sufficient duration to meet the diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, resulting in functional impairment that substantially interferes with or limits 1 or more major life activities.
(2) “Behavioral health treatment provider organization” or “provider organization” means an individual, nonprofit, firm, partnership, corporation, association, joint-stock company, limited partnership, limited liability company, other legal entity, or successor seeking to or operating a program.
(3) “Behavioral health treatment program” or “program” means the treatment services delivered by a provider organization to treat a behavioral health condition.
(4) “Behavioral health treatment services” or “treatment services” means efforts to develop, maintain, or restore the functioning of an individual with a behavioral health condition to the maximum extent practicable. The term includes services provided to a client to diagnose, describe, predict, and explain the client’s status; to support individual treatment planning; to conduct case review; to maintain records required for treatment; and to provide treatment supervision.
(5) “Client” means an individual with a behavioral health condition receiving treatment or other services from a provider organization.
(6) “Department” means the Department of Health and Social Services.
(7) “Director” means the Director of the Division of Substance Abuse and Mental Health.
(8) “Division” means the Division of Substance Abuse and Mental Health.
(9) “Executive” means an individual who can act alone or in concert with others to directly or indirectly influence or direct a provider organization’s administration, management, expenditure of money, or policies.
(10) “Facility” means real property, including buildings, fixtures, or other improvements owned, leased, operated, or used by a provider organization.
(11) “Federal protection and advocacy statute” includes any of the following:
a. Client Assistance Program, 29 U.S.C. § 732.
b. The Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15041 et seq.
c. The Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801 et seq.
d. Protection and Advocacy for Individual Rights, 29 U.S.C. § 794e.
e. The Traumatic Brain Injury Act, 42 U.S.C. § 300d-53.
f. The Assistive Technology Act, 29 U.S.C. § 3001 et seq.
g. The Ticket to Work and Work Incentives Improvement Act, 42 U.S.C. § 1320b-21.
h. Protection and Advocacy for Voting Access, 52 U.S.C. § 21061.
i. Social Security Beneficiaries Act, 42 U.S.C. § 405(j)(6).
(12) “Hospital” means as defined in § 1001 of this title.
(13) “Licensed behavioral health practitioner” or “licensed practitioner” means an individual who is at least 1 of the following:
a. A psychiatrist.
b. An “advanced practice registered nurse” as defined in § 1902 of Title 24 who is certified as a psychiatric-mental health nurse practitioner by the American Nurses Credentialing Center.
c. A “registered nurse” as defined in § 1902 of Title 24, certified as a psychiatric-mental health registered nurse by the American Nurses Credentialing Center.
d. A “licensed professional counselor of mental health” or a “licensed associate counselor of mental health” as defined in § 3031 of Title 24.
e. A “baccalaureate social worker,” “licensed clinical social worker,” or “master’s social worker” as defined in § 3902 of Title 24.
f. A psychologist or psychological assistant licensed under Chapter 35 of Title 24.
g. A “licensed chemical dependency professional” defined in § 3041 of Title 24.
h. A “licensed marriage and family therapist” or a “licensed associate marriage and family therapist” as defined in § 3051 of Title 24.
i. A “licensed professional art therapist” or “licensed associate art therapist” as defined in § 3060 of Title 24.
(14) “Licensed professional” means an individual who holds a valid license issued by a licensing board or is otherwise authorized to practice in this State and practices solely within the permissible scope of the professional’s license.
(15) “Licensed professional in private practice” means a licensed professional who provides outpatient treatment services solely within the permissible scope of the professional’s license.
(16) “Licensing board” includes all of the following:
a. The Board of Medical Licensure and Discipline.
b. The Delaware Board of Nursing.
c. The Board of Mental Health and Chemical Dependency Professionals.
d. The Board of Examiners of Psychologists.
e. The Board of Social Work Examiners.
(17) “Physician” means as defined under § 1702 of Title 24, and includes an allopathic Doctor of Medicine and Surgery or a Doctor of Osteopathic Medicine and Surgery with a valid license to practice medicine working in a United States Department of Veterans Affairs medical center in this State.
(18) “Program administrator” or “administrator” means an individual employed by a provider organization to operate a program who is responsible for the program’s professional program of care and treatment, managing the program’s affairs, and serving as the program’s agent for service of process or a court’s order.
(19) “Protection and advocacy system” means the Community Legal Aid Society, Inc., or successor agency designated under a federal protection and advocacy statute.
(20) “Psychiatrist” means a physician who has completed an accredited residency training program in psychiatry.
(21) “Recovery house” means as defined in § 2201A of this title.
(22) “Representative” means any of the following:
a. An individual named in a client’s advanced healthcare directive.
b. An individual granted durable medical power of attorney for a client’s healthcare decisions.
c. A client’s “guardian” as defined in § 2502 of this title.
d. A client’s “surrogate” as defined in § 2502 of this title.
e. A client’s “heir” as defined under § 101 of Title 12.
f. A client’s “personal representative” as defined under § 101 of Title 12.
(23) “Secretary” means the Secretary of the Department of Health and Social Services.
(24) “Staff member” or “staff” means an employee, practitioner, contractor, intern, subcontractor, or volunteer employed by or acting on behalf of a provider organization.
(25) “Treating practitioner” means a licensed practitioner who consults or treats a client for a behavioral health condition and uses the results of a diagnostic test to manage the client’s condition.