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10.21.01.00.htm 10.21.01.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 21 MENTAL HYGIENE REGULATIONS Chapter 01 Involuntary Admission to Inpatient Mental Health Facilities Authority: Health-General Article, §10-603, 10-613―10-617, 10-631―10-633, and 10-803―10-806, Annotated Code of Maryland
10.21.01.01.htm 10.21.01.01. 01 Scope.. A. This chapter governs the procedure for the involuntary admission of individuals to inpatient mental hygiene facilities, including State facilities, private psychiatric facilities, acute general hospitals with inpatient psychiatric units, and Veterans' Administration hospitals pursuant to Health-General Article, §10-603, 10-613―10-617, 10-620, 10-631―10-633, and 10-803―10-806, Annotated Code of Maryland.B. This chapter is not intended to impose any exha
10.21.01.02.htm 10.21.01.02. 02 Definitions.. 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 a
10.21.01.03.htm 10.21.01.03. 03 Application for Involuntary Admission (IVA). A. An applicant for IVA shall:. 1) Have a legitimate interest in the welfare of the individual for whom IVA is sought;. 2) Submit an application on the form required by:. a) The Veterans' Administration, if the application is submitted to a Veterans' Administration hospital; orb) The Administration, if the application is submitted to an inpatient facility other than a Veterans' Administration hospital;
10.21.01.04.htm 10.21.01.04. 04 Physician’s, Psychologist’s or Psychiatric Nurse Practitioner’s Certificate for Involuntary Admission (IVA)A. The following shall be submitted when initiating the IVA of an individual:. 1) An application for IVA completed under the provisions of Regulation .03 of this chapter; and. 2) A certificate completed by:. a) Two physicians;. b) One physician and one psychologist; or. c) One physician and one psychiatric nurse practitioner..
10.21.01.05.htm 10.21.01.05. 05 Notice of Status and Rights.. A. If an individual is confined on observation status in an inpatient facility on the basis of an application and certificates for IVA, staff at the inpatient facility shall inform the individual of the individual's status and rights:1) By giving the individual the Notice of Status and Rights form described under §C of this regulation and provided by the Administration;2) By explaining the information on the form to the individual in English o
10.21.01.06.htm 10.21.01.06. 06 Notice of Hearing.. A. Staff at an inpatient facility shall inform an individual of the individual's right to an IVA hearing in accordance with the requirements for providing Notice of Status and Rights delineated in Regulation .05 of this chapter.B. Staff shall give the Notice of Hearing:. 1) Orally; and. 2) On the form provided by the OAH which shall include:. a) The date, time, and place that the hearing will be held;. b) The legal authority for and purpose of the hearing;.
10.21.01.07.htm 10.21.01.07. 07 Observation Status.. A. Upon a properly executed application executed in accordance with Regulation .03 of this chapter and certificates for IVA and all required attachments in accordance with Regulation .04 of this chapter, an inpatient facility that accepts individuals who are referred for IVA may take an individual into confinement on observation status.B. GES Evaluation. If an individual is an emergency evaluee, and the individual is 65 years old or older, on the first workin
10.21.01.08.htm 10.21.01.08. 08 Schedule of IVA Hearings.. A. Initial Hearing.. 1) When an individual is confined on observation status in an inpatient facility on the basis of application and certificates for IVA, inpatient facility staff shall:a) Schedule a hearing to take place within 10 days of the individual's initial confinement in the inpatient facility;b) Notify the OAH and the OPD that the hearing has been scheduled; and. c) Give the Notice of Status and Rights in accordance with Regulation .05 o
10.21.01.09.htm 10.21.01.09. 09 Conduct of IVA Hearings.. A. Powers and Duties of ALJ. An ALJ from the OAH shall conduct a hearing at the inpatient facility according to the rules of procedure outlined in COMAR 28.02.01.B. Location. Unless the ALJ, for good cause, relocates a hearing, the hearing shall take place in the inpatient facility where the individual is confined, and the inpatient facility shall provide a room that:1) During the hearing, is used for no other purpose;. 2) Has sufficient space a
10.21.01.10.htm 10.21.01.10. 10 Evaluation Following ALJ Release.. If an individual is released from an inpatient facility by an ALJ under the provisions of Regulation .09G(3) of this chapter, and the individual’s treating physician, psychologist, or psychiatric nurse practitioner determines, based on the individual’s behavior and clinical condition after the hearing, that the individual meets the requirements for IVA outlined in Health-General Article, §10-617, Annotated Code of Marylan
10.21.01.11.htm 10.21.01.11. 11 Discharge of an Involuntarily Admitted Individual and Referral for IVA in Another Inpatient Facility.Unless an individual is discharged from one State inpatient facility and referred for IVA in another State inpatient facility:A. When an inpatient facility discharges an individual who has been involuntarily admitted pursuant to Health-General Article, §10-632, Annotated Code of Maryland, and Regulation .09G of this chapter, and refers the individual for IVA in another inpa
10.21.01.9999.htm 10.21.01.9999. Administrative History Effective date: December 5, 1970. Amended effective October 1, 1973 ―. Chapter revised effective October 12, 1981 (8:20 Md. R. 1635) Annotation: COMAR 10.21.01.04B and .07E cited in Attorney General Opinion No. 86-031 (May 12, 1986) ―Regulations .01―10 repealed and new Regulations .01―11 adopted effective September 28, 1992 (19:19 Md. R. 1708)Regulation .02 amended effective September 13, 1993 (20:18 Md. R. 1430).
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