As used in this chapter:

(1) “Department” means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors.

(2) “Facility” or “treatment facility” means an entity, other than a licensed hospital, that provides care, supportive lodging or treatment to individuals with a mental condition. This section includes mental health providers serving individuals in both inpatient and outpatient settings, day treatment programs, and supervised apartments. “Facility” does not include the following:

a. A hospital or residential center as defined in § 5161(b) of this title;

b. Shelters or leased premises, apart from supervised apartments, solely providing housing without mental health provider services;

c. Outpatient practice offices of licensed independent practitioners, including, but not limited to, physicians, psychologists, social workers and counselors.

(3) “Mental condition” means a mental disorder as defined in the most recent edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders.”

(4) “Mental health provider” means any professional who provides assessment, care, treatment, counseling, medication, case management, or therapeutic services to an individual with a mental condition, including but not limited to psychiatrists, psychologists, psychiatric nurses and social workers.

(5) “Patient” means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility.

(6) “Patient representative” means an individual or entity authorized to act on the patient’s behalf by operation of law or express appointment by the patient.

(7) “Protection and advocacy agency” means the Community Legal Aid Society, Inc. or successor agency designated the state protection and advocacy system pursuant to the following:

a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);

b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or

c. Protection and Advocacy for Individual Rights (29 U.S.C. § 794e).

77 Del. Laws, c. 387, § 1; 78 Del. Laws, c. 179, §§ 201-203.