Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 63 - COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES › Chapter 10.63.07 - Outpatient Civil Commitment (OCC) Pilot Program › Section 10.63.07.02 - 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 and its agents or designees.
(2) "Administrative law judge (ALJ)" means an
				  individual in the Office of Administrative Hearings authorized under State
				  Government Article, §
											9-1604, Annotated
				  Code of Maryland, to conduct hearings under this chapter.
(3) "Application" means the application made
				  by the inpatient facility to the Administration, which seeks the voluntary or
				  involuntary outpatient admission of an individual to the outpatient civil
				  commitment pilot program.
(4)
				  "Baltimore City resident" means an individual who:
(a) Has a current residence in Baltimore
				  City; or
(b) Is willing to
				  establish a residence in Baltimore City.
(5) "Department" means the Maryland
				  Department of Health.
(6)
				  "Discharge" means the removal or withdrawal of an individual from the
				  outpatient civil commitment pilot program and the termination of the outpatient
				  civil commitment order.
(7)
				  "Federal grant program funding" means the funding awarded pursuant to the
				  Substance Abuse Mental Health Services Administration's Assisted Outpatient
				  Treatment Grant Program for Individuals with Serious Mental Illness,
				  established by the Protecting Access to Medicare Act of 2014, section
				  224.
(8) "Inpatient facility" means
				  a private inpatient hospital that provides, or purports to provide, treatment
				  to individuals with mental disorders.
(9) "Involuntary inpatient facility
				  admissions" means that an individual has been admitted to an inpatient facility
				  by an ALJ following an involuntary admission hearing pursuant to Health-General
				  Article, §10-632, Annotated Code of Maryland.
(10) "Involuntary outpatient admission" means
				  the admission of an individual into the outpatient civil commitment pilot
				  program who shall be subject to conditions imposed by the Administration and
				  ordered by an ALJ following a hearing as described in this chapter.
(11) "Legal service provider" means the
				  entity that the Department designates to provide representation for an
				  individual at the proceedings described in this chapter.
(12) "Licensed certified social
				  worker-clinical" means an individual who is licensed, certified, or otherwise
				  legally authorized to independently provide the mental health service under
				  Health Occupations Article, Title 19, Annotated Code of Maryland.
(13) "Licensed clinical professional
				  counselor" means an individual who is licensed, certified, or otherwise legally
				  authorized to independently provide the mental health service under Health
				  Occupations Article, Title 17, Annotated Code of Maryland.
(14) "Licensed master social worker" means an
				  individual who is licensed, certified, or otherwise legally authorized to
				  independently provide the mental health service under Health Occupations
				  Article, Title 19, Annotated Code of Maryland.
(15) 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 as to make care or treatment necessary or
				  advisable for the welfare of the individual or for the safety of the individual
				  or property of another.
(c) "Mental
				  disorder" does not include mental retardation or a primary diagnosis of alcohol
				  or drug abuse.
(16)
				  "Office of Administrative Hearings" means the office created under State
				  Government Article, §
											9-1602, Annotated
				  Code of Maryland.
(17) "Order"
				  means the formal written order issued by an Administrative Law Judge committing
				  an individual into the outpatient civil commitment pilot program.
(18) "Outpatient civil commitment (OCC) pilot
				  program" means the program established by the Behavioral Health Administration
				  to provide community-based treatment and supports to:
(a) Individuals involuntarily ordered by an
				  ALJ to participate in the OCC pilot program as a condition of release from
				  inpatient admission: or
(b)
				  Individuals who choose to participate in the OCC pilot program voluntarily
				  after a settlement conference with an ALJ, the legal service provider, and a
				  representative of the inpatient facility.
(19) "Physician" means an individual licensed
				  under Health Occupations Article, Title 14, Annotated Code of Maryland, to
				  practice medicine in this State.
(20) "Program" means the outpatient civil
				  commitment (OCC) pilot program.
(21) "Psychiatric nurse practitioner" means
				  an individual licensed to practice registered nursing in this State and
				  certified to practice as an advanced practice registered nurse/psychiatric
				  mental health (APRN/PMH) under Health Occupations Article, Title 8, Annotated
				  Code of Maryland.
(22)
				  "Psychiatrist" means a physician who:
(a) Is
				  licensed by the Maryland Board of Physicians: and
(b) Is either:
(i) Certified in psychiatry by the American
				  Board of Psychiatry and Neurology; or
(ii) Has completed the minimum educational
				  and training requirements to be qualified to take the Board of Psychiatry and
				  Neurology examination for certification in psychiatry.
(23) "Psychologist" means an
				  individual who is:
(a) Licensed under Health
				  Occupations Article, Title 18, Annotated Code of Maryland, to practice
				  psychology: and
(b) Listed in the
				  National Register of Health Service Providers in Psychology.
(24) "Release" means the
				  authorization for an individual who is confined in an inpatient facility under
				  Health-General Article, §10-632, Annotated Code of Maryland, to leave the
				  inpatient facility on the condition of admission to the OCC pilot
				  program.
(25) "Voluntary inpatient
				  admission " means the admission of an individual 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.
(26) "Voluntary outpatient
				  admission" means the admission of an individual to the outpatient civil
				  commitment pilot program described in this chapter voluntarily after a
				  settlement conference with an ALJ, the legal service provider, and a
				  representative of the inpatient facility.