Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 21 - MENTAL HYGIENE REGULATIONS › Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities › Section 10.21.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Behavioral
				  Health Administration.
(2)
				  "Administrative law judge (ALJ)" means an individual in the Office of
				  Administrative Hearings who is authorized under State Government Article,
				  §
											9-1604, Annotated
				  Code of Maryland, to conduct hearings under this chapter.
(3) "Application for involuntary admission
				  (Application for IVA)" means the application required under Health-General
				  Article, §§10-614 and 10-615, Annotated Code of Maryland, to initiate
				  the IVA of an individual to an inpatient facility.
(4) "Change of status hearing" means the IVA
				  hearing that is convened when appropriate staff at an inpatient facility
				  complete the application and certificates for IVA on behalf of an individual
				  who is voluntarily admitted or court-ordered to the inpatient
				  facility.
(5) "Department" means
				  the Department of Health and Mental Hygiene.
(6) "Discharge" means authorization by a
				  physician for a voluntarily or involuntarily admitted individual to leave an
				  inpatient facility.
(7) "Discharge
				  summary" means a written evaluation by a physician that includes, at a minimum,
				  the individual's diagnoses, summary of the treatment provided and progress
				  during the current stay at the discharging inpatient facility, current mental
				  status, prescribed medications, and treatment recommendations.
(8) "Geriatric Evaluation Services (GES)"
				  means the staff of the county health departments that evaluate the
				  appropriateness of admissions to State facilities or Veterans' Administration
				  hospitals of individuals 65 years old or older.
(9) "Indigent" means that an individual has
				  neither sufficient property to support the individual nor anyone able to
				  support the individual to whom the individual is entitled to look for
				  support.
(10) "Individual treatment
				  plan (ITP)" means a treatment plan prepared for an individual in an inpatient
				  facility according to the requirements outlined in Health-General Article,
				  §10-706, Annotated Code of Maryland, and COMAR 10.21.03.
(11) Inpatient Facility.
(a) "Inpatient facility" means an inpatient
				  institution that provides evaluation, care, or treatment for individuals who
				  have mental disorders.
(b)
				  "Inpatient facility" includes a Veterans' Administration (VA)
				  hospital.
(12)
				  "Involuntary admission (IVA)" means that an individual has been admitted to an
				  inpatient facility by an ALJ following an IVA hearing pursuant to
				  Health-General Article, §10-632, Annotated Code of Maryland.
(13) "Involuntary admission hearing (IVA
				  hearing)" means an administrative proceeding at which an administrative law
				  judge determines whether an individual who has been confined in an inpatient
				  facility on the basis of application and certificates for IVA is retained as an
				  inpatient or released from the inpatient facility without being
				  admitted.
(14) "Medical clearance"
				  means that an individual has been evaluated by a physician, a physician's
				  assistant, or a nurse practitioner, and the evaluator has confirmed with the
				  receiving inpatient facility that the receiving facility has the capacity to
				  provide the necessary and appropriate medical management of the
				  individual.
(15) "Medical record"
				  means a record as defined in Health-General Article, Title 4, Subtitle 3,
				  Annotated Code of Maryland.
(16)
				  Mental Disorder.
(a) "Mental disorder" means
				  a behavioral or emotional illness that results from a psychiatric or
				  neurological disorder.
(b) "Mental
				  disorder" includes a mental illness that substantially impairs the mental or
				  emotional functioning of an individual so 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.
(c) "Mental disorder" does not include mental
				  retardation or a primary diagnosis of alcohol or drug abuse.
(17) "Nolle pros" means "nolle
				  prosequi" as set forth in Maryland Rule 4-247.
(18) "Observation status" means the status of
				  an individual between the time the individual is initially confined in an
				  inpatient facility on the basis of application and certificates for IVA and the
				  time the individual is either admitted, voluntarily or involuntarily, to the
				  inpatient facility or is released by a physician or by an ALJ from the
				  inpatient facility without being admitted.
(19) "Office of Administrative Hearings
				  (OAH)" means the office created under State Government Article, §
											9-1602, Annotated
				  Code of Maryland.
(20) "Office of
				  the Public Defender (OPD)" means the office created under Article 27A,
				  Annotated Code of Maryland.
(21)
				  "Party" means the inpatient facility or the individual for whom an IVA hearing
				  has been convened.
(22) "Petition
				  for emergency evaluation" means a petition filed under the provisions of
				  Health-General Article, §§10-620 -10-629, Annotated Code of Maryland,
				  to initiate the evaluation of an individual in an emergency facility that is
				  designated by the Department, under the provisions of Health-General Article,
				  §10-621, Annotated Code of Maryland, to perform emergency psychiatric
				  evaluations.
(23) "Physician" means
				  an individual who is licensed under Health Occupations Article, Title 14,
				  Annotated Code of Maryland, to practice medicine in this State or, if the
				  individual is working in a Veterans' Administration Hospital, authorized by the
				  U.S. Department of Veterans' Affairs to practice medicine.
(24) "Physician's, psychologist's, or
				  psychiatric nurse practitioner's certificate" means the certificate completed
				  according to the provisions of Health-General Article, §§10-616
				  -10-617, Annotated Code of Maryland.
(25) "Presenter" means the individual,
				  including an assistant attorney general, designated by the chief executive
				  officer of an inpatient facility, who acts on behalf of the inpatient facility
				  at an IVA hearing.
(26)
				  "Psychiatric nurse practitioner" means an individual licensed under
				  Health-Occupations Article, Title 8, Annotated Code of Maryland, to practice
				  nursing in this State as a certified registered nurse practitioner-psychiatric
				  mental health (CRNP-PMH).
(27)
				  "Psychiatrist" means a physician who is identified as a specialist in
				  psychiatry by the Board of Physician Quality Assurance or, if the physician is
				  working in a Veterans' Administration Hospital, by the U.S. Department of
				  Veterans' Affairs.
(28)
				  "Psychologist" means an individual who is:
(a)
				  Licensed under Health Occupations Article, Title 18, Annotated Code of
				  Maryland, to practice psychology or, if the individual is working in a
				  Veterans' Administration Hospital, authorized by the U.S. Department of
				  Veterans' Affairs to practice psychology; and
(b) Listed in the National Register of Health
				  Service Providers in Psychology.
(29) "Release" means the authorization for an
				  individual who is confined in an inpatient facility on the basis of application
				  and certificates for IVA to leave the inpatient facility:
(a) Given by a physician during the
				  observation status period; or
(b)
				  Ordered by an ALJ at an IVA hearing.
(30) "Secretary" means the Secretary of
				  Health and Mental Hygiene.
(31)
				  "Semiannual hearing" means the hearing that is held not sooner than 5 months or
				  later than 6 months following an involuntarily admitted individual's last IVA
				  hearing.
(32) "State inpatient
				  facility" means an inpatient institution that is owned or operated by the State
				  and that provides evaluation, care, or treatment for individuals who have
				  mental disorders.
(33) "Stet" means
				  the postponement of a trial pursuant to Maryland Rule 4-248.
(34) "Voluntary admission" means that an
				  individual has been admitted to an inpatient facility on the basis of:
(a) A signed and endorsed formal application
				  for voluntary admission pursuant to Health-General Article, §10-609 or
				  10-610, Annotated Code of Maryland;
(b) An informal request for admission
				  pursuant to Health-General Article, §10-609, Annotated Code of Maryland;
				  or
(c) If the voluntary admission
				  is to a VA hospital, the procedure established by the VA hospital.
(35) "Working day" means any day
				  except Saturday, Sunday, or a holiday on which State offices are
				  closed.