§ 10-101.
(a) In this title the following words have the meanings indicated.
(b) "Administration" means the Mental Hygiene Administration.
(c)
(1) "Admission" means the process by which an individual is accepted as a resident in:
(i) An inpatient facility; or
(ii) A Veterans' Administration hospital in this State that provides care or treatment for individuals who have mental disorders.
(2) "Admission" includes the physical act of the individual entering the facility or Veterans' Administration hospital.
(d) "Director" means the Director of Mental Hygiene.
(e) Facility -
(1) Except as otherwise provided in this title, "facility" means any public or private clinic, hospital, or other institution that provides or purports to provide treatment or other services for individuals who have mental disorders.
(2) "Facility" does not include a Veterans' Administration hospital.
(f) Mental Disorder
(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.
(g) "State Advisory Council" means the State Advisory Council on Mental Hygiene.
(h) "State facility" means a facility that is owned or operated by the Department.
(i) "Treatment" means any professional care or attention that is given in a facility, private therapeutic group home for children and adolescents, or Veterans' Administration hospital to improve or to prevent the worsening of a mental disorder.
§ 10-102.
It is the policy of this State:
(1) To the best of its ability, to foster and preserve the mental health of its citizens; and
(2) To that end, to provide without partiality care and treatment to citizens who have mental disorders.
§ 10-103.
This title shall be construed in a manner consistent with the policy stated in this subtitle.
§ 10-104.
Notwithstanding any other provision of law, this title applies to a person who is licensed under Title 19 of this article if the person provides care or treatment to individuals who have mental disorders.
§ 10-609.
(a) Application for voluntary admission of an individual to a facility may be made under this section by the individual, if the individual is 16 years old or older.
(b) The applicant shall:
(1) Submit a formal, written application that contains the personal information and is on the form required by the Administration; or
(2) Informally request admission.
(c) A facility may not admit an individual under this section 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.
(d)
(1) In addition to the limitations in subsection (c) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
(2) If admission is denied because of the determination of the geriatric evaluation team, the team shall:
(i) Inform the individual; and
(ii) Help the individual obtain the less restrictive form of care or treatment that the geriatric evaluation team finds would be adequate for the needs of the individual.
§ 10-610.
(a) On behalf of a minor, a parent or guardian of the person of the minor may apply, under this section, for admission of the minor to:
(1) Any facility that is not a State facility; or
(2) The following State facilities:
(i) A regional institute for children and adolescents; and
(ii) The child or adolescent unit of a State facility.
(b) The applicant shall submit a formal, written application that contains the personal information and is on the form required by the Administration.
(c) A facility may not admit an individual under this section unless:
(1) The individual has a mental disorder;
(2) The mental disorder is susceptible to care or treatment;
(3) The applicant understands the nature of a request for admission; and
(4) Assent to the admission has been given:
(i) By the admitting physician of the facility; or
(ii) For a child or adolescent unit of a State facility, by a physician and psychologist or by 2 physicians.
(d) An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days.
§ 10-613.
In Part III of this subtitle, "involuntary admission" includes every admission of a minor to a State facility unless the admission is a voluntary admission authorized under Part II of this subtitle.
§ 10-614.
(a) Except as provided in subsection (b) of this section, application for involuntary admission of an individual to a facility or Veterans' Administration hospital may be made under Part III of this subtitle by any person who has a legitimate interest in the welfare of the individual.
(b) If the Administration agrees to pay the appropriate expenses, application for involuntary admission to a facility of an inmate in an institution under the Division of Correction or the Patuxent Institution may be made under Part III of this subtitle by the Division or the Patuxent Institution.
§ 10-615.
Each application for involuntary admission to a facility or Veterans' Administration hospital under Part III of this subtitle shall:
(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) A certificate for involuntary admission of an individual under Part III of this subtitle shall:
(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.
(c) A certificate may not be used for an admission if the physician or psychologist who signed the certificate:
(1) Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the individual whose status is being certified; or
(2) Is related, by blood or marriage, to the individual or to the applicant.
§ 10-617.
(a) A facility or Veterans' Administration hospital may not admit the individual under Part III of this subtitle unless:
(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.
(b)
(1) In addition to the limitations in subsection (a) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
(2) If admission is denied because of the determination of the geriatric evaluation team, the team shall:
(i) Inform the applicant; and
(ii) Help the applicant obtain the less restrictive form of care or treatment that the team finds would be adequate for the needs of the individual.
§ 10-618.
(a) A person who applies for involuntary admission of an individual shall have the immunity from liability described under § 5-623(b) of the Courts and Judicial Proceedings Article.
(b) A facility or Veterans' Administration hospital that acts in compliance with the provisions of Part III of this subtitle shall have the immunity from liability described under § 5-623(c) of the Courts and Judicial Proceedings Article.
(c) An agent or employee of a facility or Veterans' Administration hospital who acts in compliance with the provisions of Part III of this subtitle shall have the immunity from liability described under § 5-623(d) of the Courts and Judicial Proceedings Article.
§ 10-619.
Within 12 hours of notification by a physician or licensed psychologist who has certified an individual under Part III of this subtitle, a facility operated by the Department of Health and Mental Hygiene shall receive and evaluate the individual certified for involuntary admission if:
(1) The individual's involuntary admission is not limited by § 10-617 of this title;
(2) An application for admission has been completed;
(3) A certifying physician or psychologist is unable to place the individual in a facility not operated by the Department; and
(4) The Department is unable to provide for the placement of the person other than in a facility operated by the Department.
§ 10-620.
(a) In Part IV of this subtitle the following words have the meanings indicated.
(b) "Court" means a district or circuit court of this State.
(c) "Emergency evaluee" means an individual for whom an emergency evaluation is sought or made under Part IV of this subtitle.
(d)
(1) "Emergency facility" means a facility that the Department designates, in writing, as an emergency facility.
(2) "Emergency facility" includes a licensed general hospital that has an emergency room, unless the Department, after consultation with the health officer, exempts the hospital.
(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.
(f) "Peace officer" means a sheriff, a deputy sheriff, a State police officer, a county police officer, a municipal or other local police officer, or a Secret Service agent who is a sworn special agent of the United States Secret Service or Treasury Department authorized to exercise powers delegated under 18 U.S.C. § 3056.
§ 10-621.
At least once a year, the Department shall:
(1) Publish a list of emergency facilities and their addresses; and
(2) Give the list to each health department, judge of a court, sheriff's office, police station, and Secret Service office in this State.
§ 10-622.
(a) A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual has a mental disorder and that there is clear and imminent danger of the individual's doing bodily harm to the individual or another.
(b) The petition for emergency evaluation of an individual may be made by:
(1) A physician, a psychologist, or a health officer or designee of a health officer who has examined the individual;
(2) A peace officer who personally has observed the individual; or
(3) Any other interested person.
(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.
(2) The petition form shall contain a notice that the petitioner:
(i) May be required to appear before a court; and
(ii) Makes the statements under penalties of perjury.
(d)
(1) A petitioner who is a physician, psychologist, health officer, or designee of a health officer shall give the petition to a peace officer.
(2) The peace officer shall explain to the petitioner:
(i) The serious nature of the petition; and
(ii) The meaning and content of the petition.
§ 10-623.
(a) If the petitioner under Part IV of this subtitle is not a physician, a psychologist, a health officer or designee of a health officer, or a peace officer, the petitioner shall present the petition to the court for immediate review.
(b) After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that there appears to be clear and imminent danger of the emergency evaluee's doing bodily harm to the emergency evaluee or another.
(c) If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.
§ 10-624.
(a)
(1) A peace officer shall take an emergency evaluee to the nearest emergency facility if the peace officer has a petition under Part IV of this subtitle that:
(i) Has been endorsed by a court within the last 5 days; or
(ii) Is signed and submitted by a physician, a psychologist, a health officer or designee of a health officer,or a peace officer.
(2) After a peace officer takes the emergency evaluee to an emergency facility, the peace officer need not stay unless, because the emergency evaluee is violent, a physician asks the supervisor of the peace officer to have the peace officer stay.
(3) A peace officer shall stay until the supervisor responds to the request for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace officer to stay.
(4) If a physician asks that a peace officer stay, a physician shall examine the emergency evaluee as promptly as possible.
(b)
(1) If the petition is executed properly, the emergency facility shall accept the emergency evaluee.
(2) Within 6 hours after an emergency evaluee is brought to an emergency facility, a physician shall examine the emergency evaluee, to determine whether the emergency evaluee meets the requirements for involuntary admission.
(3) Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee:
(i) Asks for voluntary admission; or
(ii) Meets the requirements for involuntary admission.
(4) An emergency evaluee may not be kept at an emergency facility for more than 30 hours.
§ 10-625.
(a) If an emergency evaluee meets the requirements for an involuntary admission and is unable or unwilling to agree to a voluntary admission under this subtitle, the examining physician shall take the steps needed for involuntary admission of the emergency evaluee to an appropriate facility, which may be a general hospital with a licensed inpatient psychiatric unit.
(b)
(1) If the examining physician is unable to have the emergency evaluee admitted to a facility, the physician shall notify the Department.
(2) Within 6 hours after notification, the Department shall provide for admission of the emergency evaluee to an appropriate facility.
§ 10-626.
(a) A court may order, at any time, an emergency evaluation under Part IV of this subtitle of an individual who has been arrested, if the court finds probable cause to believe that the individual has a mental disorder and there appears to be clear and imminent danger of the individual's doing bodily harm to the individual or another.
(b) The court order for an emergency evaluation shall state the grounds.
(c) Unless the court directs otherwise, an individual who is taken to an emergency facility under this section shall stay in the custody of the peace officer until the individual either is admitted to an appropriate facility or returned to the court or an appropriate jail.
(d) If an individual was detained lawfully before the court ordered an emergency evaluation under this section and the individual does not meet the requirements for involuntary admission under this subtitle:
(1) The examining physician shall send a brief report of the evaluation to the court; and
(2) The peace officer shall:
(i) Return to the court the individual, the court order, and the report of the examining physician; or
(ii) If the court is not in session, take the individual to an appropriate jail and, before the end of the next day that the court is in session, return to the court the individual and the report of the examining physician.
(e) A court order under this section is a detainer against an individual until:
(1) The charges against the individual are dismissed, nol. prossed, or stetted; or
(2) The individual appears in court.
§ 10-627.
On the first work day after admission of an emergency evaluee who is 65 years old or older, the geriatric evaluation team in the county where the emergency evaluee resides shall be informed.
§ 10-628.
(a)
(1) If an emergency evaluee cannot pay or does not have insurance that covers the charges for emergency services, an initial consultant examination by a physician and transportation to an emergency facility and, for an involuntary admission of the emergency evaluee, to the admitting facility, the Department shall pay the appropriate party the actual cost or a reasonable rate for this service, whichever is lower, except that hospitals shall be paid at rates approved by the Health Services Cost Review Commission.
(2) The reasonable rate for the services provided under an emergency petition shall be calculated by using a methodology established by regulation and reasonably related to the actual cost.
(b) With respect to emergency admissions, the Department shall be subrogated against any insurance coverage available to the patient for charges relating to emergency service, initial consultant examination by a physician, and transportation to an emergency facility under Part IV of this subtitle.
§ 10-629.
(a) Any petitioner who submits or completes a petition under Part IV of this subtitle shall have the immunity from liability described under § 5-624(b) of the Courts and Judicial Proceedings Article.
(b) Any peace officer who acts as a custodian of an emergency evaluee shall have the immunity from liability described under § 5-624(c) of the Courts and Judicial Proceedings Article.
(c) An emergency facility that acts in compliance with the provisions of Part IV of this subtitle shall have the immunity from liability described under § 5-624(d) of the Courts and Judicial Proceedings Article.
(d) An agent or employee of an emergency facility who acts in compliance with the provisions of Part IV of this subtitle shall have the immunity from liability described under § 5-624(e) of the Courts and Judicial Proceedings Article.
§ 10-631.
(a) The Administration shall prepare and provide each facility with standard forms that provide, in clear and simple words, at least the following information:
(1) Notice of the admission of the individual;
(2) The right of the individual to consult with a lawyer that the individual chooses;
(3) The availability of the services of the legal aid bureaus, lawyer referral services, and other agencies that exist for the referral of individuals who need legal counsel;
(4) The right of the individual to call or write a lawyer or a referral agency or to have someone do so on behalf of the individual; and
(5) In substance:
(i) Those provisions of this subtitle under which the individual is admitted;
(ii) The provisions of this section; and
(iii) The provisions of Subtitle 7 of this title.
(b)
(1) Within 12 hours after initial confinement of an individual to any facility or a Veterans' Administration hospital, the form provided for in this section shall be read and given to the individual.
(2) If the individual does not understand the notice required by this section and its legal effect, the notice also shall be given to:
(i) The parent, guardian, or next of kin of the individual;
(ii) The applicant for an involuntary admission of the individual; and
(iii) Any other individual who has a significant interest in the status of the individual.
(3) In any event, if possible, notice of the admission shall be given to the parent, guardian, or next of kin of the individual. Notice of the admission of a minor shall be given as promptly as possible.
(c) The form shall be read in English or, if the individual does not understand English, in the language or manner best calculated to inform the individual of the applicable provisions of the law.
(d) The facility shall keep in the individual's records a copy of the form and a certification of the administrative head of the facility as to the compliance with this section.
(e) Notice under this section shall be given again to an individual when:
(1) A new application is made under this subtitle for a voluntary admission; and
(2) New certificates are made under this subtitle for an involuntary admission.
§ 10-632.
(a) Any individual proposed for involuntary admission under Part III of this subtitle shall be afforded a hearing to determine whether the individual is to be admitted to a facility or a Veterans' Administration hospital as an involuntary patient or released without being admitted.
(b) The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.
(c)
(1) The hearing may be postponed for good cause for no more than 7 days, and the reasons for the postponement shall be on the record.
(2) A decision shall be made within the time period provided in paragraph (1) of this subsection.
(d) The Secretary shall:
(1) Adopt rules and regulations on hearing procedures; and
(2) Designate an impartial hearing officer to conduct the hearings.
(e) The hearing officer shall:
(1) Consider all the evidence and testimony of record; and
(2) Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:
(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.
(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.
§ 10-633.
(a) The Board of Review does not have jurisdiction to review the determination of a hearing officer on an involuntary admission under this subtitle.
(b) The determination of the hearing officer is a final decision of the Department for the purpose of judicial review of a final decision under the Administrative Procedure Act.
§ 10-701.
(a)
(1) In this subtitle the following words have the meanings indicated.
(2) "Facility" does not include an acute general care hospital that does not have a separately identified inpatient psychiatric service.
(3)
(i) "Mental abuse" means any persistent course of conduct resulting in or maliciously intended to produce emotional harm.
(ii) "Mental abuse" does not include the performance of an accepted clinical procedure.
(b) It is the policy of this State that each mentally ill individual who receives any service in a facility has, in addition to any other rights, the rights provided in this subtitle.
(c) Each individual in a facility shall:
(1) Receive appropriate humane treatment and services in a manner that restricts the individual's personal liberty within a facility only to the extent necessary and consistent with the individual's treatment needs and applicable legal requirements;
(2) Receive treatment in accordance with the applicable individualized plan of rehabilitation or the individualized treatment plan provided for in § 10-706 of this subtitle;
(3) Be free from restraints or locked door seclusions except for restraints or locked door seclusions that are:
(i)
1. Used only during an emergency where the individual presents a danger to the life or safety of the individual or of others; or
2. Used only to prevent serious disruption to the therapeutic environment; and
(ii)
1. Ordered by a physician in writing; or
2. Directed by a registered nurse if a physician's order is obtained within 2 hours of the action;
(4) Be free from mental abuse; and
(5) Be protected from harm or abuse as provided in this subtitle.
(d) Subject to the provisions of §§ 4-301 through 4-309 of this article, the records of each individual in a facility are confidential.
(e)
(1) Notwithstanding any other provision of law, when the State designated protection and advocacy agency for persons with developmental disabilities has received and documented a request for an investigation of a possible violation of the rights of an individual in a facility that is owned and operated by the Department or under contract to the Department to provide mental health services in the community under this subtitle, the executive director of the protection and advocacy agency or the executive director's designee:
(i) Before pursuing any investigation:
1. Shall interview the individual whose rights have been allegedly violated; and
2. Shall attempt to obtain written consent from the individual; and
(ii) If the individual is unable to give written consent but does not object to the investigation:
1. Shall document this fact; and
2. Shall request, in writing, access to the individual's records from the Director of the Mental Hygiene Administration.
(2) On receipt of the request for access to the individual's records, the Director of the Mental Hygiene Administration shall authorize access to the individual's records.
(3) After satisfying the provisions of paragraphs (1) and (2) of this subsection, the executive director of the protection and advocacy agency, or the executive director's designee, may pursue an investigation and as part of that investigation, shall continue to have access to the records of the individual whose rights have been allegedly violated.
(f)
(1) On admission to a facility, an individual shall be informed of the rights provided in this subtitle in language and terms that are appropriate to the individual's condition and ability to understand.
(2) A facility shall post notices in locations accessible to the individual and to visitors describing the rights provided in this subtitle in language and terms that may be readily understood.
(g) A facility shall implement an impartial, timely complaint procedure that affords an individual the ability to exercise the rights provided in this subtitle.
§ 10-702.
(a)
(1) Subject to any reasonable limitation that a facility imposes, each individual in the facility shall have access, at all reasonable hours, to writing instruments, stationery, and postage and may use them to write to anyone.
(2) The correspondence of the individual shall be sent to the addressee without delay, and except under the direction of the addressee, without being opened.
(b) Each individual in a facility shall have reasonable access to a telephone. However, an individual may not telephone anyone who has given the facility written notice of being unwilling to be telephoned.
(c)
(1) If, for medical reasons, an individual's access to correspondence, writing instruments, or telephones is limited, the limitation shall be:
(i) Signed by a physician and the reasons for the limitation and the date on which the limitation expires made a permanent part of the individual's record; and
(ii) Reviewed every 30 days if the limitation remains in effect.
(2) If the attending physician believes that, because of the condition of an individual, another individual should be permitted to be present when writing instruments are used, the permission and the reasons for the permission shall be:
(i) Signed by the attending physician;
(ii) Dated as to when the permission expires;
(iii) Made a permanent part of the individual's record; and
(iv) Reviewed every 30 days if the permission remains in effect.
§ 10-703.
(a) Each individual in a facility shall be entitled to converse privately with and receive visits:
(1) At all reasonable hours, from a lawyer that the individual chooses;
(2) At all reasonable hours, from a clergyman that the individual chooses; and
(3) During reasonable visiting hours that the facility sets, from any other visitor if the individual wishes to see the visitor.
(b) If an individual refuses to see a visitor, the refusal shall be made a permanent part of the individual's record.
(c)
(1) If, for medically justified reasons, visits or private conversations are restricted, the restriction and the reasons for the restriction shall be:
(i) Signed by a physician;
(ii) Dated as to when the restriction expires;
(iii) Made a permanent part of the individual's record; and
(iv) Reviewed every 30 days if the restriction remains in effect.
(2) Visits of an individual's lawyer or clergyman may not be restricted during reasonable hours.
§ 10-704.
An individual may not be deprived of the right to vote or to receive, hold, and dispose of property solely because the individual is in a facility or a Veterans' Administration hospital for a mental disorder.
§ 10-705.
(a)
(1) In this section, "abuse" means cruel or inhumane treatment that causes:
(i) Any physical injury; or
(ii) Any of the following kinds of sexual abuse:
1. A sexual act, as defined in Article 27, § 461(e) of the Code.
2. Sexual contact, as defined in Article 27, § 461(f) of the Code.
3. Vaginal intercourse, as defined in Article 27, § 461(g) of the Code.
(2) In this section, "abuse" does not include the performance of an accepted medical procedure that a physician orders in a manner that is consistent with the provisions of this subtitle.
(b)
(1) A person who believes that an individual in a facility has been abused shall promptly report the alleged abuse to:
(i) An appropriate law enforcement agency; or
(ii) The administrative head of the facility, who promptly shall report the alleged abuse to an appropriate law enforcement agency.
(2) A report:
(i) May be oral or written; and
(ii) Shall contain as much information as the reporter is able to provide.
(c)
(1) The law enforcement agency shall:
(i) Investigate thoroughly each report of an alleged abuse; and
(ii) Attempt to insure the protection of the alleged victim.
(2) The investigation shall include:
(i) A determination of the nature, extent, and cause of the abuse, if any;
(ii) The identity of the alleged abuser; and
(iii) Any other pertinent fact or matter.
(d) As soon as possible, but no later than 10 working days after the completion of the investigation, the law enforcement agency shall submit a written report of its findings to the State's Attorney and the administrative head of the facility.
(e) A person shall have the immunity from liability described under § 5-626 of the Courts and Judicial Proceedings Article for:
(1) Making a report under this section;
(2) Participating in an investigation arising out of a report under this section; or
(3) Participating in a judicial proceeding arising out of a report under this section.
§ 10-706.
(a)
(1) Except as provided by paragraph (2), promptly after admission of an individual, a facility shall make and periodically update a written plan of treatment for the individual in the facility, in accordance with the provisions of this subtitle.
(2) Promptly after admission of an individual to a psychosocial center, the center shall make and periodically update a written plan of rehabilitation for the individual in the facility, in accordance with the provisions of this subtitle.
(b) The Director shall adopt rules and regulations under this section that include:
(1) A description of the nature and content of plans of treatment; and
(2) Appropriate time periods for the development, implementation, and review of each plan.
(c) An individual shall:
(1) Participate, in a manner appropriate to the individual's condition, in the development and periodic updating of the plan of treatment; and
(2) Be told, in appropriate terms and language, of:
(i) The content and objectives of the plan of treatment;
(ii) The nature and significant possible adverse effects of recommended treatments;
(iii) The name, title, and role of personnel directly responsible for carrying out the treatment for the individual; and
(iv) When appropriate, other available alternative treatments, services, or providers of mental health services.
§ 10-707.
An individual in a facility has the right to refuse to participate as a subject in physically intrusive research conducted at the facility.
§ 10-708.
// SPECIAL NOTE: THE FOLLOWING SECTION WAS CHANGED BY CHAPTER 266 OF 1995 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2001 //
(a)
(1) In this section the following words have the meanings indicated.
(2) "Panel" means a clinical review panel that determines, under the provisions of this section, whether to approve that medication be administered to an individual who objects to the medication.
(3) "Medication" means psychiatric medication prescribed for the treatment of a mental disorder.
(4) "Lay advisor" means an individual at a facility, who is knowledgeable about mental health practice and who assists individuals with rights complaints.
(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.
(c)
(1) A panel shall consist of the following individuals appointed by the chief executive officer of the facility or the chief executive officer's designee, one of whom shall be appointed chairperson:
(i) The clinical director of the psychiatric unit, if the clinical director is a physician, or a physician designated by the clinical director;
(ii) A psychiatrist; and
(iii) A mental health professional, other than a physician.
(2) If a member of the clinical review panel also is directly responsible for implementing the individualized treatment plan for the individual under review, the chief executive officer of the facility or the chief executive officer's designee shall designate another panel member for that specific review.
(d)
(1) The chief executive officer of the facility or the chief executive officer's designee shall give the individual and the lay advisor written notice at least 24 hours prior to convening a panel.
(2) Except in an emergency under subsection (b)(1) of this section, medication or medications being refused may not be administered to an individual prior to the decision of the panel.
(e)
(1) The notice under subsection (d)(1) of this section shall include the following information:
(i) The date, time, and location that the panel will convene;
(ii) The purpose of the panel; and
(iii) A complete description of the rights of an individual under paragraph (2) of this subsection.
(2) At a panel, an individual has the following rights:
(i) To attend the meeting of the panel, excluding the discussion conducted to arrive at a decision;
(ii) To present information, including witnesses;
(iii) To ask questions of any person presenting information to the panel;
(iv) To request assistance from a lay advisor; and
(v) To be informed of:
1. The name, address, and telephone number of the lay advisor;
2. The individual's diagnosis; and
3. An explanation of the clinical need for the medication or medications, including potential side effects, and material risks and benefits of taking or refusing the medication.
(3) The chairperson of the panel may:
(i) Postpone or continue the panel for good cause, for a reasonable time; and
(ii) Take appropriate measures necessary to conduct the panel in an orderly manner.
(f) Prior to determining whether to approve the administration of medication, the panel shall:
(1) Review the individual's clinical record, as appropriate;
(2) Assist the individual and the treating physician to arrive at a mutually agreeable treatment plan; and
(3) Meet for the purpose of receiving information and clinically assessing the individual's need for medication by:
(i) Consulting with the individual regarding the reason or reasons for refusing the medication or medications and the individual's willingness to accept alternative treatment, including other medication;
(ii) Consulting with facility personnel who are responsible for initiating and implementing the individual's treatment plan, including discussion of the current treatment plan and alternative modes of treatment, including medications that were considered;
(iii) Receiving information presented by the individual and other persons participating in the panel;
(iv) Providing the individual with an opportunity to ask questions of anyone presenting information to the panel; and
(v) Reviewing the potential consequences of requiring the administration of medication and of withholding the medication from the individual.
(g) The panel may approve the administration of medication or medications and may recommend and approve alternative medications if the panel determines that:
(1) The medication is prescribed by a psychiatrist for the purpose of treating the individual's mental disorder;
(2) The administration of medication represents a reasonable exercise of professional judgment; and
(3) Without the medication, the individual is at substantial risk of continued hospitalization because of:
(i) Remaining seriously mentally ill with no significant relief of the mental illness symptoms that cause the individual to be a danger to the individual or to others;
(ii) Remaining seriously mentally ill for a significantly longer period of time with mental illness symptoms that cause the individual to be a danger to the individual or to others; or
(iii) Relapsing into a condition in which the individual is in danger of serious physical harm resulting from the individual's inability to provide for the individual's essential human needs of health or safety.
(h)
(1) A panel shall base its decision on its clinical assessment of the information contained in the individual's record and information presented to the panel.
(2) A panel may meet privately to reach a decision.
(3) A panel may not approve the administration of medication where alternative treatments are available and are acceptable to both the individual and the facility personnel who are directly responsible for implementing the individual's treatment plan.
(i)
(1) A panel shall document its consideration of the issues and the basis for its decision on the administration of medication or medications.
(2) A panel shall provide a written decision on the administration of medication or medications, and the decision shall be provided to the individual, the lay advisor, and the individual's treatment team for inclusion in the individual's medical record.
(3) If a panel approves the administration of medication, the decision shall specify:
(i) The medication or medications approved and the dosage and frequency range;
(ii) The duration of the approval, not to exceed the maximum time provided under subsection (m) of this section; and
(iii) The reason that alternative treatments, including the medication, if any, were rejected by the panel.
(4) If a panel approves the administration of medication, the decision shall contain:
(i) Notice of the right to request a hearing under subsection (k) of this section;
(ii) The right to request representation or assistance of a lawyer or other advocate of the individual's choice; and
(iii) The name, address, and telephone number of the designated State protection and advocacy agency and the Lawyer Referral Service.
(j) If a panel approves the administration of medication, the lay advisor promptly shall:
(1) Inform the individual of the individual's right to appeal the decision under subsection (k) of this section;
(2) Insure that the individual has access to a telephone as provided under § 10-702(b) of this subtitle;
(3) If the individual requests a hearing, notify the chief executive officer of the facility or the chief executive officer's designee pursuant to subsection (k)(1) of this section and give the individual written notice of the date, time, and location of the hearing;
(4) Advise the individual of the provision for renewal of an approval under subsection (m) of this section.
(k)
(1) An individual may request an administrative hearing to appeal the panel's decision by filing a request for hearing with the chief executive officer of the facility or the chief executive officer's designee within 48 hours of receipt of the decision of the panel.
(2) Within 24 hours of receipt of a request for hearing, the chief executive officer of the facility or the chief executive officer's designee shall forward the request to the Office of Administrative Hearings.
(3) An initial panel decision authorizing the administration of medication shall be stayed for 48 hours. If a request for hearing is filed, the stay shall remain in effect until the issuance of the administrative decision.
(4) The Office of Administrative Hearings shall conduct a hearing and issue a decision within 7 calendar days of the decision by the panel.
(5) The administrative hearing may be postponed by agreement of the parties or for good cause shown.
(6) The administrative law judge shall conduct a de novo hearing to determine if the standards and procedures in this section are met.
(7) At the hearing, the individual representing the facility:
(i) May introduce the decision of the panel as evidence; and
(ii) Shall prove, by a preponderance of the evidence, that the standards and procedures of this section have been met.
(8) The administrative law judge shall state on the record the findings of fact and conclusions of law.
(9) The determination of the administrative law judge is a final decision for the purpose of judicial review of a final decision under the Administrative Procedure Act.
(l)
(1) Within 14 calendar days from the decision of the administrative law judge, the individual or the facility may appeal the decision and the appeal shall be to the circuit court on the record from the hearing conducted by the Office of Administrative Hearings.
(2) The scope of review shall be as a contested case under the Administrative Procedure Act.
(3)
(i) Review shall be on the audiophonic tape without the necessity of transcription of the tape, unless either party to the appeal requests transcription of the tape.
(ii) A request for transcription of the tape shall be made at the time the appeal is filed.
(iii) The Office of Administrative Hearings shall prepare the transcription prior to the appeal hearing, and the party requesting the transcription shall bear the cost of transcription.
(4) The circuit court shall hear and issue a decision on an appeal within 7 calendar days from the date the appeal was filed.
(m)
(1) Treatment pursuant to this section may not be approved for longer than 90 days.
(2)
(i) Prior to expiration of an approval period and if the individual continues to refuse medication, a panel may be convened to decide whether renewal is warranted.
(ii) Notwithstanding the provisions of paragraph (1) of this subsection, if a clinical review panel approves the renewal of the administration of medication or medications, the administration of medication or medications need not be interrupted if the individual appeals the renewal of approval.
(n) When medication is ordered pursuant to the approval of a panel under this section and at a minimum of every 15 days, the treating physician shall document any known benefits and side effects to the individual.
§ 10-709.
(a) In accordance with § 10-809 of this title, a facility shall prepare a written aftercare plan for an individual who has been accepted as a resident in the facility before that individual is released from the facility.
(b) The aftercare plan prepared under this section shall be offered to individuals who have been accepted as residents in a facility who are scheduled for release from a facility under this title.
(c) The Secretary shall adopt regulations governing the planning and provisions of aftercare plans including:
(1) Procedures to obtain the consent of the individual; or
(2) Procedures to assist an individual who is unable to participate fully in aftercare planning.
§ 10-710.
(a) Each minor who is being cared for or treated in a residential, State facility shall be placed in a unit for minors and may not be placed in a unit where adults are placed, unless the individual plan of treatment for the minor provides otherwise.
(b) A person, on behalf of the minor, may file a petition in the circuit court for the county where the facility is located, to compel compliance with this section.
§ 10-711.
(a) Each facility that admits an individual under this title shall report to the Department on the status of the individual:
(1) At least once a year and, if requested by the Department, more often; and
(2) When the admission status of the individual changes.
(b) A status report shall:
(1) Be in the form that the Department requires; and
(2) Contain the information that the Department requires.
§ 10-712.
On request, the administrative head of each facility shall give to the Director or a representative of the Director:
(1) Any information that the administrative head has about an individual in the facility;
(2) Access to the individual; and
(3) Access to any part of the facility.
§ 10-713.
(a)
(1) Each facility shall keep complete records for each individual who is admitted to the facility under this title.
(2) The records shall contain all of the information that is required by this title or the Administration.
(b) A facility shall keep the records in a separate and secure area at the facility.
§ 10-714.
(a)
(1) Upon the death of an individual in a State funded or operated facility, the administrative head of the facility shall report the death:
(i) Immediately to the sheriff, police, or chief law enforcement official in the jurisdiction in which the death occurred; and
(ii) By the close of business of the next working day to:
1. The Director;
2. The health officer in the jurisdiction where the death occurred; and
3. The designated State protection and advocacy system.
(2) An initial report:
(i) May be:
1. Oral if followed by a written report within 5 working days from the date of the death; or
2. Written;
(ii) Shall contain the following relevant information:
1. The name, age, and sex of the deceased;
2. The time of discovery of the death;
3. The deceased's place of residence at the time of death;
4. If the death occurred in a place other than the residence of the deceased, the location of the body at the time of discovery;
5. The place where the body was found;
6. The name of the person who took custody of the body;
7. The name of the person evaluating the death, if known;
8. Whether or not an autopsy is being performed, if known; and
9. The name, address, and telephone number of the next of kin or legal guardian, if known; and
(iii) Shall contain any other information the administrative head of the facility determines should be provided to the medical examiner and the persons listed in paragraph (1) of this subsection on the deaths occurring:
1. By violence;
2. By suicide;
3. By casualty;
4. Suddenly, if the deceased was in apparent good health; or
5. In any suspicious or unusual manner.
(3) The written report shall be available for the Director, the health officer in the jurisdiction where the death occurred, and the designated State protection and advocacy system within 5 working days from the date of the death.
(b) The sheriff, police, or chief law enforcement officer shall inform the medical examiner in accordance with § 5-309(b) of this article and the medical examiner, if necessary, shall conduct an investigation in accordance with the provisions of that section.
(c)
(1) The Director shall compile annually a status report for the Secretary on patient deaths reported under this subtitle.
(2) At a minimum, the status report shall note:
(i) The number of deaths;
(ii) The location of each death;
(iii) The cause of each death, if known; and
(iv) Other data the Secretary determines to be relevant to the status report.
§ 10-801.
In this subtitle, "release" means a permanent, temporary, absolute, or conditional release of an individual from a residential facility or a Veterans' Administration hospital.
§ 10-802.
If the Director finds that any individual is held by a facility in a manner contrary to law, the Director shall begin appropriate proceedings for release of that individual.
§ 10-803.
(a) An individual who is admitted voluntarily to a facility, on an informal request, may leave the facility at any time between 9 a.m. and 4 p.m., unless the admission status of the individual has been changed to an involuntary admission.
(b) An individual who has been admitted voluntarily, under a formal written application, 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.
(c) A minor who has been admitted voluntarily, on the application of a parent or guardian of the minor, may not be held for more than 3 days after the applicant for the admission asks for release, unless the admission status of the minor has been changed to an involuntary admission.
§ 10-804.
(a) Any individual who has been admitted to a facility or Veterans' Administration hospital or any person on behalf of the individual may apply at any time to a court of competent jurisdiction for a writ of habeas corpus to determine the cause and the legality of the detention.
(b) The Director, in the name of the Administration, may make an application for a writ of habeas corpus to determine whether a facility properly admitted or properly holds an individual. The State's Attorney for the county where the facility is located or the individual is a resident, on behalf of the Administration, shall file the application.
§ 10-805.
(a) Subject to the limitations in this section, a petition for the release of an individual who is held under this title from the facility or a Veterans' Administration hospital may be filed, at any time by:
(1) The individual; or
(2) Any person who has a legitimate interest in the welfare of the individual.
(b) The petition shall be filed in an equity court in the county where the individual resides or resided at the time of the admission or where the facility is located.
(c)
(1) If the individual is in a public facility, the Administration shall be the respondent.
(2) If the individual is in a private facility or a Veterans' Administration hospital, it shall be the respondent.
(d) The petition shall be in the form and contain the information the Maryland Rules require.
(e) If the petitioner requests trial by jury, the trial shall be held with a jury as in a civil action at law.
(f) The trier of fact shall determine:
(1) Whether the individual has a mental disorder; and
(2) If so, whether the individual needs inpatient medical care or treatment for the protection of the individual or another.
(g)
(1) If the trier of fact finds that the individual has a mental disorder and needs inpatient medical care or treatment, the court shall remand the individual to the custody of the facility or Veterans' Administration hospital.
(2) If the trier of fact finds that the individual does not have a mental disorder or has a mental disorder, but does not need inpatient medical care or treatment, the individual shall be released from the facility or Veterans' Administration hospital.
(h) Any party may appeal from a decision on the petition as in any other civil case.
(i) Appropriate records of the proceeding under this section shall be made a permanent part of the individual's record.
(j)
(1) After a determination on the merits of a petition filed under this section, a court may not hear a later petition for the individual within 1 year after that determination, unless the petition is accompanied by a valid affidavit that the court, after review of the petition and affidavit, determines to show an improvement in the mental condition of the individual after the determination.
(2) An affidavit is not valid if executed by an individual under care or treatment in a facility or Veterans' Administration hospital.
(3) If the matter is reopened, the petition shall be heard as provided in this section.
(4) If the affidavit does not show improvement in the individual's mental condition, the petition shall be dismissed.
§ 10-806.
(a) In this section, "responsible official" means:
(1) If the individual is held in a Veterans' Administration hospital, the chief officer of the Veterans' Administration hospital; or
(2) If the individual is held in any other facility, the Director or the administrative head of the facility.
(b) At the direction of the responsible official, an individual who has been admitted under this title shall be released from a facility or a Veterans' Administration hospital 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.
(c)
(1) At the direction of the responsible official, any individual who has been admitted under this title shall be released conditionally from a State facility within 2 weeks after the responsible official, with the written consent of the individual:
(i) Certifies that the individual:
1. Would not endanger the individual or the person or property of another; and
2. Could live in the community with appropriate assistance under the protective services program provided for in § 14-201 of the Family Law Article; and
(ii) Notifies the provider of the protective services and the local department of social services in the county where the individual would live.
(2) At the direction of the responsible official, any individual who has been admitted under this title may be released conditionally from a facility other than a State facility or from a Veterans' Administration hospital, if, in the judgment of the responsible official, the individual:
(i) Would be cared for properly by the individual or by a responsible person who is able and willing to care for the individual; and
(ii) Would not endanger the individual or the person or property of another.
(3) The 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.
(4) As resources allow, services shall be provided to individuals released from a State facility in accordance with the aftercare plan required by § 10-809 of this subtitle, as follows:
(i) The Mental Hygiene Administration shall provide community mental health services that are suitable to the needs of the individual;
(ii) The Division of Vocational Rehabilitation shall provide, to individuals determined to be eligible, vocational rehabilitation services and occupational placement opportunities consistent with the assessed needs and abilities of the individual; and
(iii) The Department of Human Resources shall provide needed case management services and shall make arrangements for housing suitable to the needs of the individual.
(5) For purposes of annual examination and execution of new admission documents, an individual released conditionally is considered to be held by the facility or Veterans' Administration hospital from which the individual was released.
(d) A facility shall release an individual who has been admitted to the facility within 1 year after the admission if, before the expiration of that 1-year period:
(1) The individual, whether admitted on a formal, written application or on informal request, does not execute a new application for the voluntary admission;
(2) The parent or guardian does not execute a new request for the voluntary admission of the minor individual; or
(3) The physician and psychologist or 2 physicians do not execute the new certificates required for involuntary admission of the individual.
(e) Each determination on any release of an individual, whether full or conditional, including a summary of the reasons for the determination, shall be made a permanent part of the individual's record.
§ 10-807.
(a) The Director may transfer an individual from a public facility to another public facility or, if a private facility agrees, to that private facility, if the Director finds that:
(1) The individual either can receive better care or treatment in or would be more likely to benefit from care or treatment at the other facility; or
(2) The safety or welfare of other individuals would be furthered.
(b) The Director may transfer any individual who is a resident of another state to a facility in that state if the Director finds that the transfer is feasible.
(c)
(1) Any finding that the Director makes under subsection (a) or (b) of this section shall be in writing and filed with the records of the individual involved.
(2) A copy of the finding and the notice to the facility to which the individual is being transferred shall be sent to the guardian or next of kin of the individual.
(d)
(1) In effecting a transfer of an individual from a unit in a public facility to another unit in the facility or to another public facility, the transferring facility shall provide for the transfer of all the records necessary for continuing the care of the individual on or before the date of transfer to the facility to which the individual is being transferred.
(2) This subsection is not intended to preempt the requirements of § 10-625 of this article.
(e) An individual may not be transported to or from any facility unless accompanied by:
(1) An ambulance attendant or other individual who is authorized by the facility and is of the same sex. However, the chief executive officer of the facility or that officer's designee may designate an ambulance attendant or other person of either sex to provide transportation to an individual, if deemed appropriate; or
(2) The parent, spouse, adult sibling, or adult offspring of the individual.
§ 10-808.
(a) In this section, "federal agency" means the Veterans' Administration or any other agency of the United States government.
(b) Whenever the transfer of an individual to a federal agency is planned under this section, the Director or administrative head of a facility, with the consent of the individual, shall notify the parent or next of kin of the individual about the transfer. In the case of a minor child or an individual who is assigned a legal guardian, the parent of the minor child or the legal guardian of the individual shall be notified of any planned transfer.
(c)
(1) The Director may transfer an individual from a facility to a Veterans' Administration hospital in this State, if the individual is entitled to benefits in that hospital.
(2) After the transfer, the chief officer of the Veterans' Administration hospital has all the powers and rights of the Administration as to that individual.
(d)
(1) If a court of competent jurisdiction of any other state commits an individual to a federal agency for care or treatment, the commitment judgment or order affects the individual, while the individual is in this State, to the extent that the judgment or order would affect the individual in the other state.
(2) The courts of the committing state have continuing jurisdiction over the committed individual to inquire into the mental condition of that individual and determine the need to continue commitment.
(3) Retention, custody, transfer, parole, and release of the committed individual are governed by the law of the committing state.
(e)
(1) The administrative head of a facility may transfer any individual to a federal agency for care or treatment if the federal agency certifies that facilities are available for the individual and that the individual is eligible for care or treatment.
(2) The facility shall give a proper officer of the court that ordered commitment notice of the transfer when it is made.
(3) An individual may not be transferred under this subsection if the individual is confined under a conviction of a crime or if the individual is committed under Title 12 of this article unless, after appropriate motion and hearing, the court or other authority that committed the individual orders the transfer.
(f) Any individual transferred under this section is deemed to be committed to the federal agency under the original commitment.
(g) This section applies to residents and nonresidents of this State found in this State or on any federal reservation in this State.
§ 10-809.
(a) Whenever a release of an individual from a facility is planned, the administrative head of the facility or a designee of the administrative head, with the consent of the individual, shall notify the parent or next of kin about the proposed release. In the case of a minor child or an individual who is assigned a legal guardian, the parent of the minor child or the legal guardian of the individual shall be notified of any planned release.
(b) Except as otherwise provided in this section, before a facility releases an individual who has been accepted as a resident in the facility, the administrative head of the facility or a designee of the administrative head shall:
(1) Prepare a written aftercare plan for the individual; and
(2) With the consent of the individual send the plan to the treatment program in the community that the individual chooses.
(c)
(1) In this subsection "aftercare services" means services:
(i) For individuals who no longer receive inpatient services for a mental disorder; and
(ii) That enhance the opportunity to maintain a mentally ill individual in the community and to assist in the prevention of homelessness.
(2) "Aftercare services" include:
(i) Medical care;
(ii) Psychiatric care;
(iii) Vocational and social rehabilitation;
(iv) Supportive housing; or
(v) Case management services.
(3) The aftercare plan shall be prepared in collaboration with community programs and government agencies that are to provide aftercare services to the individual after release.
(4) The aftercare plan shall include:
(i) Diagnoses, including existing psychiatric, somatic, and dental diagnoses;
(ii) Treatment initiated;
(iii) Medications prescribed, their dosage schedules, the amount of each medication given to the individual on release, and the information necessary to help the individual to obtain the prescribed medication in the community in accordance with the aftercare plan;
(iv) Date of release;
(v) Location of community placement;
(vi) Plan for continuing treatment; and
(vii) List of referrals indicated, including:
1. Public social services;
2. Legal aid;
3. Educational services;
4. Vocational services; and
5. Medical treatment other than mental health services.
(5) The Secretary shall periodically review selected aftercare plans and make a determination if the services included in the aftercare plans are meeting the needs of the particular individuals.
(6) The Secretary shall designate an existing employee within the Department whose primary function is to help coordinate the Department's programs and services aimed at the prevention of homelessness to mentally ill individuals.
(d)
(1) If the individual does not consent to an aftercare plan, a statement to this effect signed by the individual or a parent, guardian, or other representative of the individual shall be placed in the individual's record.
(2) With the consent of the individual, and before an individual who had been accepted as a resident in the facility is released from a facility, the staff of the facility shall assist the individual or the parent, guardian, or other representative of the individual in applying for the federal and State benefits for which the individual may be eligible.
(3)
(i) The staff of the facility shall begin assisting the individual or the parent, guardian, or other representative of the individual in the application process for benefits for the individual as early as possible after the individual is accepted as a resident in the facility.
(ii) On acceptance as a resident to the facility, the facility shall provide to each individual, or the parent, guardian, or other representative of the individual, written information regarding federal and State benefits and application processes.
§ 10-810.
(a) Each facility shall give the Department notice of the release of an individual who has been admitted to the facility under this title.
(b) The report shall:
(1) Be on the form that the Department requires; and
(2) Contain the information that the Department requires.
§ 10-811.
A release under this subtitle shall be made between 9 a.m. and 4 p.m.
§ 10-812.
An individual who was admitted to a facility from an institution under the Division of Correction or from the Patuxent Institution and who is to be released before the expiration of the sentence to that institution shall be released to the custody of the Division or the Patuxent Institution, as the case may be.
§ 10-812.
An individual who was admitted to a facility from an institution under the Division of Correction or from the Patuxent Institution and who is to be released before the expiration of the sentence to that institution shall be released to the custody of the Division or the Patuxent Institution, as the case may be.
§ 11-101.
(a) In the Compact set forth in this title, "article" means an article of the Compact.
(b) The definitions in § 1-101 of this article do not apply to the Compact set forth in this title.
§ 11-102.
The Interstate Compact on Mental Health is enacted into law and entered into with all other states joining in it in the form substantially as it appears in § 11-103 of this title.
§ 11-103.
The contracting states solemnly agree that:
Article I
The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bear no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
Article II
As used in this compact:
(1) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.
(2) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.
(3) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.
(4) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.
(5) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.
(6) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.
(7) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.
(8) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article III
(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time any such further transfer of the patient may be made as seems likely to be in the best interest of the patient.
Article IV
(a) Whenever, pursuant to the laws of the state in which a patient is physically \ul0 \caps0 present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
Article VII
(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill, mentally deficient, or any statutory authority pursuant to which such agreement may be made.
Article VIII
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion, to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.
Article IX
(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.
Article X
(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
Article XII
This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
Article XIII
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.
Article XIV
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
