Regulation detail

Md. Code, Health-Gen. § 10-631

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Md. Code, Health-Gen. § 10-631 active

Emergency evaluation and involuntary admission (Health-General Title 10, Subtitle 6)

Jurisdiction: MD Agency: Maryland General Assembly
PSYCH_FACILITY (80%)
Plain-English summary

This statute requires the Maryland Administration to prepare standard notice forms that must be provided to individuals admitted to a psychiatric facility within 12 hours of confinement. The forms must inform individuals of their legal rights, including the right to consult an attorney and available legal aid services. Facilities must read the form in the individual's language, retain a signed copy in the patient's record, and notify the Mental Health Division of the Office of the Public Defender within 24 hours of admission.

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Regulation text
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Article - Health - General 
 
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§10–631. 
 
 (a) The Administration shall prepare and provide each facility with 
standard forms that provide, in clear and simple words, at least the following 
information: 
 
 (1) Notice of the admission of the individual; 
 
 (2) The right of the individual to consult with a lawyer that the 
individual chooses; 
 
 (3) The availability of the services of the legal aid bureaus, lawyer 
referral services, and other agencies that exist for the referral of individuals who need 
legal counsel; 
 
 (4) The right of the individual to call or write a lawyer or a referral 
agency or to have someone do so on behalf of the individual; and 
 
 (5) In substance: 
 
 (i) Those provisions of this subtitle under which the individual 
is admitted; 
 
 (ii) The provisions of this section; and 
 
 (iii) The provisions of Subtitle 7 of this title. 
 
 (b) (1) Within 12 hours after initial confinement of an individual to any 
facility or a Veterans’ Administration hospital, the form provided for in this section 
shall be read and given to the individual. 
 
 (2) If the individual does not understand the notice required by this 
section and its legal effect, the notice also shall be given to: 
 
 (i) The parent, guardian, or next of kin of the individual; 
 
 (ii) The applicant for an involuntary admission of the 
individual; and 

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 (iii) Any other individual who has a significant interest in the 
status of the individual. 
 
 (3) In any event, if possible, notice of the admission shall be given to 
the parent, guardian, or next of kin of the individual. 
 
 (4) Notice of the admission of a minor shall be given as promptly as 
possible. 
 
 (5) Within 24 hours after the admission of the individual, notice of 
the admission shall be given to the Mental Health Division in the Office of the Public 
Defender. 
 
 (c) The form shall be read in English or, if the individual does not 
understand English, in the language or manner best calculated to inform the 
individual of the applicable provisions of the law. 
 
 (d) The facility shall keep in the individual’s records a copy of the form and 
a certification of the administrative head of the facility as to the compliance with this 
section. 
 
 (e) Notice under this section shall be given again to an individual when: 
 
 (1) A new application is m ade under this subtitle for a voluntary 
admission; and 
 
 (2) New certificates are made under this subtitle for an involuntary 
admission. 
 
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