(a) A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is “dangerous to others” or “dangerous to self,” as these terms are defined in § 1448C(a) of Title 11, regardless of whether the patient has made explicit threats against an identifiable victim.

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Terms Used In Delaware Code Title 16 Sec. 5403

  • Mental health services provider: means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. See Delaware Code Title 16 Sec. 5401
  • Patient: means any person with whom the mental health services provider has established a patient-care provider relationship. See Delaware Code Title 16 Sec. 5401

(b) A person may not bring a cause of action, either criminal or civil, against a mental health services provider, institution, agency, or hospital for making a communication to law enforcement under this section.

81 Del. Laws, c. 232, § 6;