Regulation detail

Md. Code, Health-Gen. § 10-616

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Md. Code, Health-Gen. § 10-616 active

Voluntary admission and related provisions (Health-General Title 10, Subtitle 6)

Jurisdiction: MD Agency: Maryland General Assembly
PSYCH_FACILITY (100%)
Plain-English summary

This statute governs the requirements for certificates used in involuntary psychiatric admissions in Maryland. Certificates must be based on a personal examination by a qualified clinician, include a mental disorder diagnosis and opinions on the need for inpatient care and facility admission, and be completed within specified timeframes. Clinicians with financial interests in a proprietary facility or familial relationships to the individual or applicant are prohibited from signing certificates for admission to that facility.

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Regulation text
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Article - Health - General 
 
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§10–616. 
 
 (a) (1) A certificate for involuntary admission of an individual under this 
part shall: 
 
 (i) Be based on the personal examination of the physician, 
psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, 
or licensed clinical professional counselor who signs the certificate; and 
 
 (ii) Be in the form that the Secretary adopts, by rule or 
regulation. 
 
 (2) The rules and regulations shall require the form to include: 
 
 (i) A diagnosis of a mental disorder of the individual; 
 
 (ii) An opinion that the individual needs inpatient care or 
treatment; and 
 
 (iii) An opinion that admission to a facility or Veterans’ 
Administration hospital is needed for the protection of the individual or another. 
 
 (b) A certificate may not be used for admission if the examination on which 
the certificate is made was done: 
 
 (1) More than 1 week before the certificate is signed; or 
 
 (2) More than 30 days before the facility or the Veterans’ 
Administration hospital receives the application for admission. 
 
 (c) A certificate may not be used for an admission if the physician, 
psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, 
or licensed clinical professional counselor who signed the certificate: 
 
 (1) Has a financial interest, through ownership or compensation, in 
a proprietary facility and admission to that proprietary facility is sought for the 
individual whose status is being certified; or 
 
 (2) Is related, by blood or marriage, to the individual or to the 
applicant. 
 
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