Maryland SB 635: Mental Health - Involuntary Admissions - Procedures

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0635*

SENATE BILL 635
J1, J3, J2 9lr0561

By: Senator Eckardt
Introduced and read first time: February 4, 2019
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Mental Health – Involuntary Admissions – Procedures 2

FOR the purpose of authorizing a certain facility or Veterans’ Administration hospital to 3
take an individual who is involuntarily admitted under certain circumstances into 4
confinement on observation status; requiring an individual confined on observation 5
status to be examined within a certain period of time by a physician, psychologist, or 6
psychiatric nurse practitioner; requiring that an individual confined on observation 7
status be voluntarily admitted or released with a certain plan under certain 8
circumstances; providing that an individual confined on observation status is 9
entitled to certain rights and protections; requiring that certain regulations require 10
that a certain impartial hearing officer receive testimony from a physician, 11
psychologist, or psychiatric nurse practitioner who examined the confined 12
individual; making a stylistic change; and generally relating to involuntary 13
admissions to facilities for the treatment of mental disorders. 14

BY repealing and reenacting, with amendments, 15
Article – Health – General 16
Section 10–617 and 10–632 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2018 Supplement) 19

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21

Article – Health – General 22

10–617. 23

(a) A facility or Veterans’ Administration hospital may not admit the individual 24
under this part unless: 25

2 SENATE BILL 635

(1) The individual has a mental disorder; 1

(2) The individual needs inpatient care or treatment; 2

(3) The individual presents a danger to the life or safety of the individual 3
or of others; 4

(4) The individual is unable or unwilling to be admitted voluntarily; and 5

(5) There is no available, less restrictive form of intervention that is 6
consistent with the welfare and safety of the individual. 7

(b) (1) In addition to the limitations in subsection (a) of this section, a State 8
facility may not admit an individual who is 65 years old or older unless a geriatric 9
evaluation team determines that there is no available, less restrictive form of care or 10
treatment that is adequate for the needs of the individual. 11

(2) If admission is denied because of the determination of the geriatric 12
evaluation team, the team shall: 13

(i) Inform the applicant; and 14

(ii) Help the applicant obtain the less restrictive form of care or 15
treatment that the team finds would be adequate for the needs of the individual. 16

(C) (1) A FACILITY OR VETERANS’ ADMINISTRATION HOSPITAL MAY 17
TAKE AN INDIVIDUAL ADMITTED UNDER THIS PART INTO CONFINEMENT ON 18
OBSERVATION STATUS. 19

(2) (I) AN INDIVIDUAL CONFINED ON OBSERVATION STATUS 20
SHALL BE EXAMINED WITHIN 24 HOURS OF THE CONFINEMENT BY A PHYSICIAN, 21
PSYCHOLOGIST, OR PSYCHIATRIC NURSE PRACTITIONER. 22

(II) IF THE PHYSICIAN, PSYCHOLOGIST, OR PSYCHIATRIC 23
NURSE PRACTITIONER PERFORMING THE EXAMINATION FINDS THAT THE 24
INDIVIDUAL DOES NOT MEET THE REQUIREMENTS FOR ADMISSION UNDER THIS 25
SECTION, THE INDIVIDUAL SHALL BE: 26

1. VOLUNTARILY ADMITTED UNDER PART II OF THIS 27
SUBTITLE; OR 28

2. RELEASED WITH AN AFTERCARE PLAN AS REQUIRED 29
UNDER § 10–809 OF THIS TITLE. 30

(3) AN INDIVIDUAL CONFINED ON OBSERVATION STATUS SHALL BE 31

SENATE BILL 635 3

ENTITLED TO THE RIGHTS GRANTED UNDER SUBTITLE 7 OF THIS TITLE AND THE 1
PROTECTIONS PROVIDED UNDER TITLE 4, SUBTITLE 3 OF THIS ARTICLE. 2

10–632. 3

(a) Any individual proposed for involuntary admission under Part III of this 4
subtitle shall be afforded a hearing to determine whether the individual is to be admitted 5
to a facility or a Veterans’ Administration hospital as an involuntary patient or released 6
without being admitted. 7

(b) The hearing shall be conducted within 10 days of the date of the initial 8
confinement of the individual. 9

(c) (1) The hearing may be postponed for good cause for no more than 7 days, 10
and the reasons for the postponement shall be on the record. 11

(2) A decision shall be made within the time period provided in paragraph 12
(1) of this subsection. 13

(d) (1) The Secretary shall: 14

[(1)] (I) Adopt [rules and] regulations on hearing procedures; and 15

[(2)] (II) Designate an impartial hearing officer to conduct the hearings. 16

(2) THE REGULATIONS ADOPTED UNDER THIS SUBSECTION SHALL 17
REQUIRE THAT THE IMPARTIAL HEARING OFFICER RECEIVE TESTIMONY FROM THE 18
PHYSICIAN, PSYCHOLOGIST, OR PSYCHIATRIC NURSE PRACTITIONER WHO 19
EXAMINED THE CONFINED INDIVIDUAL. 20

(e) The hearing officer shall: 21

(1) Consider all the evidence and testimony of record; and 22

(2) Order the release of the indivi