reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 4 - State Facilities › Part III - Maryland Psychiatric Research Center › Section 10-429 - Committee -- Duties

The technical review committee shall:
(1)    Provide peer review over research activities at the Center;
(2)    Serve in an advisory capacity to the Executive Board and the Superintendent of the Center; and
(3)    Submit an annual report to the Executive Board.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part I - General Provisions for Facilities › Section 10-502 - Rules and Regulations

(a)    The Secretary shall adopt rules and regulations for licensing private, inpatient facilities.
(b)    The rules and regulations shall ensure that care and treatment of individuals who have a mental disorder are provided in accordance with the policy stated in Subtitle 1 of this title.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part I - General Provisions for Facilities › Section 10-504 - Qualifications of Applicants

To qualify for a license, an applicant shall:
(1)    Have a certificate of accreditation from the Joint Commission on Accreditation of Hospitals for the private inpatient facility to be operated; or
(2)    Meet the requirements that the Secretary adopts under this subtitle.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part I - General Provisions for Facilities › Section 10-509 - Inspections

(a)    (1)    Except as provided in paragraph (2) of this subsection, the Department shall inspect each private, inpatient facility at least once every 6 months and at any other time that the Department considers necessary.
(2)    A facility that is accredited by the Joint Commission on Accreditation of Hospitals shall be inspected under § 19-308(b) of this article.
(b)    The Department shall keep a report of each inspection.
(c)    The Department shall bring any deficiencies to the attention of the management of the private, inpatient facility.
(d)    Complaint investigations of private inpatient facilities and psychiatric units of private acute general hospitals shall be performed in accordance with the provisions of § 19-309 of this article.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part I - General Provisions for Facilities › Section 10-510 - Denials, Suspensions, and Revocations

(a)    The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.
(b)    Except as otherwise provided in the Administrative Procedure Act, before the Department takes any action under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part II - Special Provisions for Private Group Homes › Section 10-514 - Definitions

(a)    In Part II of this subtitle the following words have the meanings indicated.
(b)    “Large private group home” means a private group home that admits at least 10 but not more than 16 individuals.
(c)    “License” means a license issued by the Secretary to operate a private group home.
(d)    (1)    “Private group home” means a residence in which individuals who have been or are under treatment for a mental disorder may be provided care or treatment in a homelike environment.
(2)    “Private group home” does not include:
(i)    Any facility that is owned by or leased to this State or any public agency;
(ii)    Any facility that is regulated by the Department of Juvenile Services;
(iii)    Any facility that is regulated by the Developmental Disabilities Administration;
(iv)    Any facility that is organized wholly or partly to make a profit; or
(v)    A foster home that is the domicile of the foster parent.
(e)    “Small private group home” means a private group home that admits at least 4 but not more than 9 individuals.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part II - Special Provisions for Private Group Homes › Section 10-516 - Rules and Regulations

(a)    A private group home shall be licensed in accordance with Title 7.5 of this article.
(b)    The Secretary shall adopt rules and regulations for establishing, licensing, and operating private group homes.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part II - Special Provisions for Private Group Homes › Section 10-518 - Qualifications of Applicants

(a)    A small private group home:
(1)    Is deemed conclusively a single–family dwelling; and
(2)    Is permitted to locate in all residential zones.
(b)    A large private group home is deemed conclusively a multi–family dwelling and is permitted to locate in zones of similar density.
(c)    A private group home is not subject to any special exception, conditional use permit, or procedure that differs from that required for a single–family dwelling or a multi–family dwelling of similar density in the same zone.
(d)    A general zoning ordinance that conflicts with the provisions of this section is superseded by this section to the extent of the conflict.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part II - Special Provisions for Private Group Homes › Section 10-519 - Applications for Licenses

(a)    An applicant for a license shall submit an application to the Secretary on the form that the Secretary requires.
(b)    The application shall:
(1)    Be signed and verified by the applicant; and
(2)    Contain:
(i)    The name and address of the applicant;
(ii)    The street address of the property on which the private group home is to be located or, if it has no street address, a description that identifies the property;
(iii)    If the applicant does not own the property, the name of the owner;
(iv)    A statement that the applicant will comply with the laws, rules, and regulations that relate to establishing and operating the private group home;
(v)    A statement that the applicant has sufficient financial resources to establish and operate the private group home or that those resources are available to the applicant; and
(vi)    A description of the proposed program.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 5 - Private Facilities › Part II - Special Provisions for Private Group Homes › Section 10-524 - Review

Any person aggrieved by a final decision of the Secretary in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act to the circuit court for the county where the private group home is located or planned.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part I - Definitions; General Provisions › Section 10-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Clinical social worker” means an individual who is licensed under Title 19 of the Health Occupations Article to practice clinical social work.
(c)    “Electronic record” means a document communicated, received, or stored by electronic means.
(d)    “Licensed clinical marriage and family therapist” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical marriage and family therapy.
(e)    “Licensed clinical professional counselor” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical professional counseling.
(f)    “Physician” means an individual who is licensed under Title 14 of the Health Occupations Article to practice medicine in this State.
(g)    “Psychiatric nurse practitioner” means an individual who is:
(1)    Licensed as a registered nurse and certified as a nurse practitioner under Title 8 of the Health Occupations Article; and
(2)    Practicing in the State as a certified registered nurse practitioner–psychiatric mental health.
(h)    “Psychologist” means an individual who is licensed under Title 18 of the Health Occupations Article to practice psychology.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part I - Definitions; General Provisions › Section 10-603 - Limitations on Admissions -- Geriatric Evaluations

(a)    This section does not apply to an individual who is:
(1)    Transferred from a facility of another state to a State facility under the Interstate Compact on Mental Health; or
(2)    Admitted after an emergency evaluation under Part IV of this subtitle.
(b)    In addition to the other requirements of this subtitle, a State facility or a Veterans’ Administration hospital may admit an individual who is 65 years old or older only if 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.
(c)    (1)    Each geriatric evaluation shall be done by the geriatric evaluation team of a county health department.
(2)    Each geriatric evaluation team consists of the individuals whom the Secretary designates from multiple disciplines.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part I - Definitions; General Provisions › Section 10-605 - Report on Admission

(a)    Within 10 days after admission of an individual to a facility under this title, the facility shall submit to the Department an admission report on the individual.
(b)    The report shall:
(1)    Be on the form that the Department requires; and
(2)    Contain the information that the Department requires.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part II - Voluntary Admissions › Section 10-609 - Application by Individual

(a)    Except as provided in § 10–611 of this subtitle, 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part II - Voluntary Admissions › Section 10-610 - Application by Parent or Guardian

(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:
1.    1 physician and 1 psychologist;
2.    2 physicians;
3.    1 physician and 1 psychiatric nurse practitioner;
4.    1 physician and 1 licensed certified social worker–clinical; or
5.    1 physician and 1 licensed clinical professional counselor.
(d)    An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-614 - Applicants

(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 this part 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 this part by the Division or the Patuxent Institution.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-615 - Applications

Each application for involuntary admission to a facility or Veterans’ Administration hospital under this part 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;
(ii)    2 physicians;
(iii)    1 physician and 1 psychiatric nurse practitioner;
(iv)    1 physician and 1 licensed certified social worker–clinical; or
(v)    1 physician and 1 licensed clinical professional counselor; and
(7)    Contain any other information that the Administration requires.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-616 - Certificates

(a)    (1)    A certificate for involuntary admission of an individual under this part shall:
(i)    Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor 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, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-617 - Admission Limitations

(a)    A facility or Veterans’ Administration hospital may not admit the individual under this part 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-618 - Exemption From Liability

(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 this part 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 this part shall have the immunity from liability described under § 5–623(d) of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part III - Involuntary Admissions › Section 10-619 - Individual Certified by Physician, Psychologist, or Psychiatric Nurse Practitioner

Within 12 hours of notification by a physician, licensed psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor who has certified an individual under this part, a facility operated by the Maryland Department of Health 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 subtitle;
(2)    An application for admission has been completed;
(3)    A certifying physician, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-620 - Definitions

(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)    “Emergency facility personnel” means a physician, physician assistant, nurse practitioner, or other advanced practice professional employed or under contract with the emergency facility.
(f)    (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 the following health professionals 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:
1.    Physician;
2.    Psychologist;
3.    Clinical social worker;
4.    Licensed clinical professional counselor;
5.    Clinical nurse specialist in psychiatric and mental health nursing (APRN/PMH);
6.    Psychiatric nurse practitioner (CRNP–PMH); or
7.    Licensed clinical marriage and family therapist.
(2)    “Mental disorder” does not include intellectual disability.
(g)    “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 Department of Homeland Security authorized to exercise powers delegated under 18 U.S.C. § 3056.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-621 - List of Emergency Facilities

(a)    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, local behavioral health authority, and Secret Service office in this State.
(b)    The list published under subsection (a)(1) of this section may include:
(1)    Comprehensive crisis response centers;
(2)    Crisis stabilization centers;
(3)    Crisis treatment centers established under § 7.5–207 of this article; and
(4)    Outpatient mental health clinics.
(c)    Before including a facility under subsection (b) of this section in the list of emergency facilities, the Department shall consult with stakeholders to develop a model program structure that ensures that a program wishing to serve as an emergency facility:
(1)    Is adequately staffed to provide 24–hour emergency petition services;
(2)    Provides the necessary services required for an emergency petition;
(3)    Has written procedures in place that provide for involuntary admissions, through an emergency petition, including to a licensed hospital, as necessary;
(4)    Provides additional support to respect the due process rights of patients received through the emergency petition process; and
(5)    Complies with additional procedures as otherwise determined by the Department.
(d)    On or before September 30 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
(1)    The number of facilities that have sought to be designated an emergency facility;
(2)    The number of the facilities reported under item (1) of this subsection that have attempted to meet the model facility standards developed under subsection (c) of this section;
(3)    The progress of the facilities reported under item (2) of this subsection toward meeting the model facility standards;
(4)    The development of collaborative models between State, local, and private entities; and
(5)    Whether the Department, in consultation with stakeholders, has determined that any changes to the model facility standards are necessary.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-622 - Petition for Emergency Evaluation

(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:
(1)    Has a mental disorder; and
(2)    Presents a danger to the life or safety of the individual or of others.
(b)    (1)    The petition for emergency evaluation of an individual may be made by:
(i)    A physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, or health officer or designee of a health officer who has examined the individual;
(ii)    A peace officer who personally has observed the individual or the individual’s behavior; or
(iii)    Any other interested person.
(2)    An individual who makes a petition for emergency evaluation under paragraph (1)(i) or (ii) of this subsection may base the petition on:
(i)    The examination or observation; or
(ii)    Other information obtained that is pertinent to the factors giving rise to the petition.
(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)    If the individual who makes the petition for emergency evaluation is an individual authorized to do so under subsection (b)(1)(i) of this section, contain the license number of the individual;
(vi)    Contain a description of the behavior and statements of the emergency evaluee or any other information that led the petitioner to believe that the emergency evaluee has a mental disorder and that the individual presents a danger to the life or safety of the individual or of others; and
(vii)    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, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-623 - Action on Petition of Lay Petitioner

(a)    If the petitioner under Part IV of this subtitle is not a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or 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 the individual presents a danger to the life or safety of the individual or of others.
(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-624 - Emergency Facility

(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, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or peace officer.
(2)    The petition required under paragraph (1) of this subsection may be:
(i)    In the form of an electronic record; and
(ii)    Transmitted and received electronically.
(3)    To the extent practicable, a peace officer shall notify the emergency facility in advance that the peace officer is bringing an emergency evaluee to the emergency facility.
(4)    After a peace officer brings the emergency evaluee to an emergency facility, the peace officer need not stay unless, because the emergency evaluee is violent, emergency facility personnel ask the supervisor of the peace officer to have the peace officer stay.
(5)    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.
(6)    If emergency facility personnel ask 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)    The petition required under paragraph (1) of this subsection may be:
(i)    In the form of an electronic record; and
(ii)    Transmitted and received electronically.
(3)    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.
(4)    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.
(5)    An emergency evaluee may not be kept at an emergency facility for more than 30 hours.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-625 - Emergency Involuntary Admission

(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.
(c)    (1)    Within 30 hours after the emergency facility completes an application for the involuntary admission of an emergency evaluee, the emergency facility shall notify the Mental Health Division in the Office of the Public Defender, by e–mail or facsimile, of the completion of the application.
(2)    The notice required under paragraph (1) of this subsection shall include any legal documents relating to the acceptance of the emergency evaluee into the emergency facility, including the emergency petition, application for involuntary admission, and certification for involuntary admission.
(3)    The notice required under paragraph (1) of this subsection does not apply to a patient who agrees to voluntary admission.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-626 - Emergency Evaluation of Arrested Individuals

(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 the individual presents a danger to the life or safety of the individual or of others.
(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-627 - Notice of Admission of Individual 65 or Older

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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-628 - Reimbursement for Services Provided Under Emergency Petition

(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 or nurse practitioner, 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 or nurse practitioner, and transportation to an emergency facility under Part IV of this subtitle.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-629 - Exemption From Liability

(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part IV - Emergency Evaluations › Section 10-630 - Court Records Relating to a Petition for Emergency Evaluation

(a)    All court records relating to a petition for an emergency evaluation made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.
(b)    Except for a court record sealed under subsection (d) of this section, this section does not prohibit review of a court record relating to a petition by:
(1)    Personnel of the court;
(2)    The petitioner;
(3)    The emergency evaluee or counsel for the emergency evaluee;
(4)    Authorized personnel of the Department;
(5)    Authorized personnel of the local core service agency or local behavioral health authority;
(6)    A law enforcement agency; or
(7)    A person authorized by a court order on good cause shown.
(c)    A petition for an emergency evaluation:
(1)    Shall be considered a mental health record under Title 4 of this article; and
(2)    May be released by a health care provider, as defined in § 4–301 of this article, only as permitted by law.
(d)    (1)    An emergency evaluee who was a minor when a petition for emergency evaluation was made or sought concerning the emergency evaluee under this part may file a motion with the court at any time requesting that any court records relating to the petition be sealed.
(2)    The court shall have a copy of the motion filed under this subsection served on the petitioner at the address stated for the petitioner in the petition for emergency evaluation.
(3)    The court may order court records relating to the petition for emergency evaluation that is the subject of the motion sealed for good cause shown.
(4)    (i)    The petitioner may file an objection to a motion filed under this subsection.
(ii)    If no objection is filed, the court may grant the motion without a hearing.
(iii)    If the petitioner files an objection to the motion within 30 days after a copy of the motion is served on the petitioner, the court shall hold a hearing.
(iv)    The court may hold a hearing on its own initiative.
(5)    If sealed, the court records relating to the petition for emergency evaluation that is the subject of the motion may not be opened, for any purpose, except by order of the court for good cause shown.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 6 - Admission Provisions › Part V - Hearings on Admission › Section 10-631 - Notice of Admission Status and Hearing Rights

(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.
(4)    Notice of the admission of a minor shall be given as promptly as possible.
(5)    Within 24 hours after the admission of the individual, notice of the admission shall be given to the Mental Health Division in the Office of the Public Defender.
(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-702 - Communications

(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-703 - Visitors

(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-706 - Treatment Plan; Rehabilitation Plan

(a)    (1)    Except as provided by paragraph (2) of this subsection, 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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-709 - Aftercare Plan

(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-710 - Treatment of Minors

(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.
2023 Maryland Statutes › Health - General › Title 10 - Mental Health Law › Subtitle 7 - Rights of Mentally Ill Individuals in Facilities › Section 10-711 - Director's Access

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.