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10.63.07.00.htm 10.63.07.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES Chapter 07 Outpatient Civil Commitment (OCC) Pilot Program Authority: Health-General Article, §7.5-205.1, Annotated Code of Maryland
10.63.07.01.htm 10.63.07.01. 01 Scope.. A. This chapter establishes a pilot program for outpatient civil commitment (OCC) to allow for the release of individuals who are involuntarily committed for inpatient treatment under Health-General Article, §10-632, Annotated Code of Maryland, on the condition of admission to the OCC pilot program.B. This chapter is not intended to impose any exhaustion requirement on an individual as a prerequisite to the individual’s pursuing concurrently or in any order any legal rem
10.63.07.02.htm 10.63.07.02. 02 Definitions.. 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
10.63.07.03.htm 10.63.07.03. 03 Pilot Program.. A. The Department authorizes the Administration to create a program to provide community-based treatment to individuals with mental disorders who were:1) Admitted involuntarily to an inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland; and2) Released on condition of admission to the program pursuant to the requirements of this chapter.. B. The program shall be funded with money received from a federal governmen
10.63.07.04.htm 10.63.07.04. 04 Length of Time of the Pilot Program.. The program and the regulations under this chapter shall end on the expiration of the federal grant program funding.
10.63.07.05.htm 10.63.07.05. 05 Admission Criteria.. A. To be involuntarily admitted to the program, an individual shall meet the following criteria:. 1) Have a mental disorder;. 2) Be 18 years old or older;. 3) Be a resident of Baltimore City;. 4) Have had two or more involuntary inpatient facility admissions in the preceding 12 months, including the most recent admission, before the application for admission into the program;5) Has a demonstrated history of refusing community treatment that has been
10.63.07.06.htm 10.63.07.06. 06 Application for Admission.. A. The administrative head of an inpatient facility may submit an application to the Administration for admission to the program of an individual who is committed to the inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland.B. The Administration shall provide an application form that includes the following:. 1) The statutory authority for the application;. 2) The applicant’s:. a) Name;. b) Address; and.
10.63.07.07.htm 10.63.07.07. 07 Application Approval and Development of Treatment Plan.. A. Within 3 business days from receiving an application for admission, the Administration shall:. 1) Determine whether the individual meets the criteria for admission to the program;. 2) Determine whether the program is appropriate to meet the individual’s needs; and. 3) Provide written notice to the individual and to the administrative head of the inpatient facility of the Administration’s decision to approve or de
10.63.07.08.htm 10.63.07.08. 08 Schedule of Hearing, Notice of Hearing, and Rights.. A. If the application for admission to the program has been approved, the inpatient facility staff shall:1) Schedule a hearing with the Office of Administrative Hearings;. 2) Notify the legal service provider that the hearing has been scheduled;. 3) Provide the individual with a copy of the application and proposed treatment plan; and. 4) Provide the individual with a copy of the Notice of Hearing and Rights..
10.63.07.09.htm 10.63.07.09. 09 Hearing.. A. Within 10 business days from the Administration’s approval of the program application, a hearing shall be held by the Office of Administrative Hearings to decide if the patient meets the program admission requirements of this chapter.B. The hearing may be postponed for good cause for not more than 10 business days from date of the postponed hearing.C. Burden of Proof. The Administration shall demonstrate by clear and convincing evidence that the i
10.63.07.10.htm 10.63.07.10. 10 Orders.. A. An order shall:. 1) Specify that each of the admission criteria has been met;. 2) Order the individual to adhere to program recommendations including a treatment plan or support services, or both, as needed by the individual; and3) Specify the date on which the order shall expire.. B. An order issued under this chapter shall expire at the end of the 180-day period beginning with the individual’s initial inpatient commitment under Health-General Article,
10.63.07.11.htm 10.63.07.11. 11 Settlement Conference.. A. Before the hearing, if the individual elects to participate in the program voluntarily, the ALJ shall convene a settlement conference at the time, date, and place designated for the hearing.B. The settlement conference shall include the individual, the legal service provider, and a representative of the inpatient facility.C. In order for the individual to be voluntarily admitted to the program, the individual shall sign the settlement agreement
10.63.07.12.htm 10.63.07.12. 12 Discharge from the Program.. A. Before Discharge. Before the expiration of the program order, the Administration shall ensure that a transition plan is in place which provides the outpatient services necessary to support the individual in the community.B. Early Discharge. The Administration may discharge an individual from the program prior to the expiration of the program order upon finding that the individual is:1) Not likely a danger to self or others without the order; and.
10.63.07.13.htm 10.63.07.13. 13 Relation to Other Admission Provisions.. A. Nothing in this chapter prevents the admission to a hospital pursuant Health-General Article, §10-601 et seq. Annotated Code of Maryland, of an individual participating in the Program.B. An individual’s participation in the program does not prohibit the individual’s evaluation and involuntary admission under Health-General Article, §10-601 et seq. Annotated Code of Maryland.
10.63.07.14.htm 10.63.07.14. 14 Effective Date.. This chapter is effective July 1, 2017..
10.63.07.9999.htm 10.63.07.9999. Administrative History Effective date: November 6, 2017 (44:22 Md. R. 1037).
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