- When not the subject of a pending commitment action, what are the
prerequisites for an individual to receive voluntarily treatment?
§ 10-609 (c) A facility may not voluntarily admit an
individual unless:
(1) The individual has a mental disorder;
(2) The mental disorder is susceptible to care or treatment;
(3) The individual understands the nature of the request for
admission;
(4) The individual is able to give continuous assent to retention by
the facility; and
(5) The individual is able to ask for release.
- Conditions necessary for emergency treatment/observation.
§ 10-623(b) probable cause that individual has
shown symptoms of mental illness and that there appears to be a clear and imminent danger
of bodily harm to self or others.
- Is mental illness/disorder defined?
§10-101(f) (1) "Mental disorder" means a
behavioral or emotional illness that results from a psychiatric or neurological
disorder.(2) "Mental disorder" includes a mental illness that so substantially
impairs the mental or emotional functioning of an individual as to make care or treatment
necessary or advisable for the welfare of the individual or for the safety of the person
or property of another.(3) "Mental disorder" does not include mental
retardation.
§10-620(e) (1) "Mental disorder" means
the behavioral or other symptoms that indicate: (i) To a lay petitioner who is submitting
an emergency petition, a clear disturbance in the mental functioning of another
individual; and (ii) To a physician or psychologist doing an examination, at least one
mental disorder that is described in the version of the American Psychiatric Association's
"Diagnostic and Statistical Manual -- Mental Disorders" that is current at the
time of the examination. (2) "Mental disorder" does not include mental
retardation.
- Maximum duration of emergency treatment/observation before a
judicial hearing must be held.
§ 10-624.(b) (2) Within 6 hours after being
brought to an emergency facility, a doctor must evaluate the individual and determine
whether the individual meets the requirements for involuntary admission. (3) the
individual must be released promptly after the examination unless they:
(i) Ask for voluntary admission; or
(ii) Meet the requirements for involuntary admission.
§ 10-632. (b) if involuntarily admitted, hearing
shall be conducted within 10 days of the date of the initial confinement of the
individual.(1) The hearing may be postponed for good cause for no more than 7 days,
- Can a potential committee avoid a hearing determination by opting
to voluntarily undergo treatment and, if so, what is the minimum time he or she must then
spend in treatment?
Yes, § 10-624.(b) (2)
§ 10-803. (b) An individual may not be held for
more than 3 days after the individual asks for release, unless the admission status of the
individual has been changed to an involuntary admission.
- Are there any requirements that a potential committee be capable
of deciding to voluntarily undergo treatment?
Yes, § 10-609 (c) (3) The individual understands
the nature of the request for admission;
(4) The individual is able to give continuous assent to retention by
the facility; and
(5) The individual is able to ask for release.
- Who may petition for an individual to receive assisted inpatient
care?
§ 10-614. (a) for an application - any person who
has a legitimate interest in the welfare of the individual.
§10-622(b) for an emergency petition –
physician; peace officer; any interested person
- Required elements of a petition
Application for involuntary admission:
§ 10-615.: an application for involuntary
admission must:
(1) Be in writing;
(2) Be dated;
(3) Be on the form required by:
(i) The Administration, in the case of a facility; or
(ii) The Veterans' Administration hospital, in the case of a Veterans' Administration
hospital;
(4) State the relationship of the applicant to the individual for
whom admission is sought;
(5) Be signed by the applicant;
(6) Be accompanied by the certificates of:
(i) 1 physician and 1 psychologist; or
(ii) 2 physicians; and
(7) Contain any other information that the Administration requires.
§ 10-616. (a) (1) the physician or
psychologist’s certificate for involuntary admission of an individual must:
(i) Be based on the personal examination of the physician or psychologist who signs the
certificate; and
(ii) Be in the form that the Secretary adopts, by rule or regulation.
(2) The rules and regulations shall require the form to include:
(i) A diagnosis of a mental disorder of the individual;
(ii) An opinion that the individual needs inpatient care or treatment; and
(iii) An opinion that admission to a facility or Veterans' Administration hospital is
needed for the protection of the individual or another.
(b) A certificate may not be used for admission if the examination
on which the certificate is made was done:
(1) More than 1 week before the certificate is signed; or
(2) More than 30 days before the facility or the Veterans'
Administration hospital receives the application for admission.
Petition for emergency evaluation:
§ 10-622.( c) (1) A petition under this
section shall:
(i) Be signed and verified by the petitioner;
(ii) State the petitioner's:
1. Name;
2. Address; and
3. Home and work telephone numbers;
(iii) State the emergency evaluee's:
1. Name; and
2. Description;
(iv) State the following information, if available:
1. The address of the emergency evaluee; and
2. The name and address of the spouse or a child, parent, or other relative of the
emergency evaluee or any other individual who is interested in the emergency evaluee;
(v) Contain a description of the behavior and statements of the
emergency evaluee that led the petitioner to believe that the emergency evaluee has a
mental disorder and that there is clear and imminent danger of the emergency evaluee's
doing bodily harm to the emergency evaluee or another; and
(vi) Contain any other facts that support the need for an emergency
evaluation.
- Is there a penalty for filing an unfounded petition?
§ 10-1002 - Penalty for false application:
Misdemeanor; $5000 or imprisonment of up to 2 years; civil liability
- Participation of other individuals in commitment hearing.
§ 10-632. (f) The parent, guardian, or next of kin
of an individual involuntarily admitted under this subtitle: (1) shall be given notice of
the hearing on the admission; and (2) may testify at the hearing.
- Length of initial term of assisted inpatient care.
§ 10-806(d) up to one year
- Conditions necessary for judicially ordered inpatient care.
Conditions needed for hospital to involuntarily admit:
§ 10-617.(a) (1) The individual has a mental disorder;
(2) The individual needs inpatient care or treatment;
(3) The individual presents a danger to the life or safety of the
individual or of others;
(4) The individual is unable or unwilling to be admitted
voluntarily; and
(5) There is no available, less restrictive form of intervention
that is consistent with the welfare and safety of the individual:
6) if 65 years or older – geriatric evaluation needed.
Standard for hearing after involuntary admission:
§10-632(e)(2). (i) The individual has a mental disorder;
(ii) The individual needs in-patient care or treatment;
(iii) The individual presents a danger to the life or safety of the
individual or of others;
(iv) The individual is unable or unwilling to be voluntarily
admitted to the facility;
(v) There is no available less restrictive form of intervention that
is consistent with the welfare and safety of the individual; and
(vi) If the individual is 65 years old or older and is to be
admitted to a State facility, the individual has been evaluated by a geriatric evaluation
team and no less restrictive form of care or treatment was determined by the team to be
appropriate.
- Evidentiary standard under which eligibility for assisted
treatment is judged.
Emergency evaluation §10-623(b) Emergency petition
– probable cause involuntary admission §10-632(e) – clear and
convincing evidence
- Is there a least restrictive treatment requirement?
Yes, §10-632(e)(2)(v)
- Is there a confidentiality exception for family members of
committees and/or individuals undergoing emergency evaluations?
No, §10-701(d) Records of individual in a facility
are confidential.
- Are advance directives or durable powers of attorney addressed
and, if so, in what way?
Not specifically for mental illnesses.
- Is there a separate proceeding necessary to abrogate a
committee’s right to refuse treatment?
Yes, § 10-708 Effective until January 1, 1999
(b) Medication may not be administered to an individual who refuses
the medication, except:
(1) In an emergency, on the order of a physician where the
individual presents a danger to the life or safety of the individual or others; or
(2) In a nonemergency, when the individual is hospitalized
involuntarily or committed for treatment by order of a court and the medication is
approved by a panel under the provisions of this section.
The statute provides a detailed procedure for making such
determinations.
- Does the treating hospital and/or physician have discretion to
release individuals before the end of their assisted inpatient care periods?
Yes, § 10-806 -(b) the responsible official shall
release an individual if the individual:
(1) Does not have a mental disorder; or
(2) Has a mental disorder but:
(i) Does not need inpatient medical care or treatment to protect the
individual or another;
(ii) Would not endanger the individual or the person or property of
another; and
(iii) Would be cared for properly by the individual or by a
responsible person who is able and willing to care for the individual
- Individual(s) who may decide to initiate new periods of assisted
treatment.
§ 10-806 (c) (3) the physician and psychologist or
2 physicians must execute the new certificates required for involuntary admission of the
individual.
- Type of forum that decides on need for extended assisted
treatment.
Not specified.
- Participation of other individuals in the extension hearing.
Not specified.
- Maximum length of subsequent assited inpatient treatment (and of
any possible subsequent periods).
Not specified.
- Alternative to inpatient treatment and conditions necessary for a
court to order placement in alternative.
§ 10-806(c) (2) (3) a responsible official may set
the conditions for release that the responsible official considers reasonable. The
conditions may relate to:
(i) The duration of the release; or
(ii) Care or treatment during release.
(5) an individual released conditionally is considered to be held by
the facility from which the individual was released.
- Maximum duration of alternative(s) to assisted inpatient
treatment.
§ 10-806(d) one year
- Procedure necessary to transfer patient from outpatient to
inpatient care.
Not specified.
- Describe any procedures for conservatorship, guardianship, etc.,
which are applicable to the mentally ill.
N/A
- Other
