In this subtitle the following words have the meanings indicated.
“Clinical social worker” means an individual who is licensed under Title 19 of the Health Occupations Article to practice clinical social work.
“Danger to the life or safety of the individual or of others” means there is, as a result of a mental disorder, a substantial risk, based on conduct that is recent and relevant to the danger that the individual may present and in consideration of the individual’s current condition and, if available, recent personal, medical, and psychiatric history, that the individual will:
Cause serious bodily harm to the individual or another individual; or
Be unable, except for reasons of indigence, to provide for the individual’s basic needs, including food, clothing, shelter, medical care, self–protection, or safety, to such a degree as to create a substantial risk of serious bodily harm, serious illness, or death in the near future.
“Electronic record” means a document communicated, received, or stored by electronic means.
“Licensed clinical marriage and family therapist” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical marriage and family therapy.
“Licensed clinical professional counselor” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical professional counseling.
“Physician” means an individual who is licensed under Title 14 of the Health Occupations Article to practice medicine in this State.
“Physician assistant” means an individual who is licensed under Title 15 of the Health Occupations Article to practice as a physician assistant.
“Psychiatric nurse practitioner” means an individual who is:
Licensed as a registered nurse and certified as a nurse practitioner under Title 8 of the Health Occupations Article; and
Practicing in the State as a certified registered nurse practitioner–psychiatric mental health.
“Psychologist” means an individual who is licensed under Title 18 of the Health Occupations Article to practice psychology.
A facility or a Veterans’ Administration hospital may admit an individual, as provided in this subtitle.
This section does not apply to an individual who is:
Transferred from a facility of another state to a State facility under the Interstate Compact on Mental Health; or
Admitted after an emergency evaluation under Part IV of this subtitle.
In addition to the other requirements of this subtitle, a State facility or a Veterans’ Administration hospital may admit an individual who is 65 years old or older only if a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
Each geriatric evaluation shall be done by the geriatric evaluation team of a county health department.
Each geriatric evaluation team consists of the individuals whom the Secretary designates from multiple disciplines.
Within 10 days after admission of an individual to a facility under this title, the facility shall submit to the Department an admission report on the individual.
The report shall:
Be on the form that the Department requires; and
Contain the information that the Department requires.
A veteran may be admitted voluntarily to a Veterans’ Administration hospital without regard to this part.
Except as provided in § 10–611 of this subtitle, application for voluntary admission of an individual to a facility may be made under this section by the individual, if the individual is 16 years old or older.
The applicant shall:
Submit a formal, written application that contains the personal information and is on the form required by the Administration; or
Informally request admission.
A facility may not admit an individual under this section unless:
The individual has a mental disorder;
The mental disorder is susceptible to care or treatment;
The individual understands the nature of the request for admission;
The individual is able to give continuous assent to retention by the facility; and
The individual is able to ask for release.
In addition to the limitations in subsection (c) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
If admission is denied because of the determination of the geriatric evaluation team, the team shall:
Inform the individual; and
Help the individual obtain the less restrictive form of care or treatment that the geriatric evaluation team finds would be adequate for the needs of the individual.
On behalf of a minor, a parent or guardian of the person of the minor may apply, under this section, for admission of the minor to:
Any facility that is not a State facility; or
The following State facilities:
A regional institute for children and adolescents; and
The child or adolescent unit of a State facility.
The applicant shall submit a formal, written application that contains the personal information and is on the form required by the Administration.
A facility may not admit an individual under this section unless:
The individual has a mental disorder;
The mental disorder is susceptible to care or treatment;
The applicant understands the nature of a request for admission; and
Assent to the admission has been given:
By the admitting physician of the facility; or
For a child or adolescent unit of a State facility, by:
1 physician and 1 psychologist;
2 physicians;
1 physician and 1 psychiatric nurse practitioner;
1 physician and 1 licensed certified social worker–clinical; or
1 physician and 1 licensed clinical professional counselor.
An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days.
In this section the following words have the meanings indicated.
“Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.
“Guardian of the person” means a guardian of the person of a disabled person appointed under Title 13, Subtitle 7, Part II of the Estates and Trusts Article.
“Mental disorder” has the meaning stated in § 10–620 of this subtitle.
A disabled person may apply for voluntary admission of the disabled person if:
The disabled person submits a formal, written application that contains the disabled person’s personal information and is on the form required by the Administration; and
In accordance with subsections (c) through (e) of this section, either a physician and a psychologist, two physicians, a physician and a psychiatric nurse practitioner, or a physician and a physician assistant certify that:
The disabled person has the capacity to execute an application for voluntary admission; and
The disabled person understands both the criteria for voluntary admission set forth under this section and the procedure for requesting discharge from the facility.
A certificate for voluntary admission of a disabled person under subsection (b) of this section shall:
Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, or physician assistant who signs the certificate; and
Be in the form that the Secretary of Health adopts, by rule or regulation.
The rules and regulations shall require the form to include an opinion that:
The disabled person has a mental disorder;
The mental disorder is susceptible to care or treatment;
The disabled person understands the nature of the request for admission; and
The disabled person is able to give continuous assent to retention by the facility.
A certificate may not be used for admission if the examination on which the certificate is made was conducted more than 1 week before the certificate is signed.
A certificate may not be used for an admission if the physician, psychologist, psychiatric nurse practitioner, or physician assistant who signed the certificate:
Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the disabled person whose status is being certified; or
Is related, by blood or marriage, to the disabled person or the guardian of the person of the disabled person.
A facility may not admit a disabled person under this section unless:
As certified in accordance with subsection (c) of this section, the disabled person satisfies the criteria under subsection (b)(2) of this section; and
The disabled person is able to ask for release.
In addition to the limitations in subsection (f) of this section, a State facility may not admit a disabled person who is 65 years old or older unless a geriatric evaluation team determines that there is no available less restrictive form of care or treatment that is adequate for the needs of the disabled person.
If admission is denied because of the determination of the geriatric evaluation team, the team shall:
Inform the disabled person and the guardian of the person of the disabled person of the denial; and
Help the disabled person to obtain the less restrictive form of care or treatment that the geriatric evaluation team finds would be adequate for the needs of the individual.
The facility shall notify the guardian of the person of a disabled person admitted to the facility under this section:
That the disabled person has been admitted to the facility; and
If the disabled person requests to be discharged from a facility to which the disabled person was voluntarily admitted.
If at any time a facility reasonably believes that the disabled person no longer meets the criteria for voluntary admission under this section, the facility shall discharge the disabled person unless:
The admission status of the disabled person has been changed to an involuntary admission in accordance with Part III of this subtitle; and
An involuntary commitment proceeding is held.
The execution by a disabled person of an application for voluntary admission under this section does not:
Diminish the rights, duties, or responsibilities conferred on the guardian of the person under § 13–708 of the Estates and Trusts Article; or
Confer any additional power or authority on the guardian of the person, including the power or authority to commit the disabled person to a mental facility, that a court has not otherwise conferred on the guardian of the person under § 13–708 of the Estates and Trusts Article.
In this part, “involuntary admission” includes every admission of a minor to a State facility unless the admission is a voluntary admission authorized under Part II of this subtitle.
Except as provided in subsection (b) of this section, application for involuntary admission of an individual to a facility or Veterans’ Administration hospital may be made under this part by any person who has a legitimate interest in the welfare of the individual.
If the Administration agrees to pay the appropriate expenses, application for involuntary admission to a facility of an incarcerated individual in an institution under the Division of Correction or the Patuxent Institution may be made under this part by the Division or the Patuxent Institution.
Each application for involuntary admission to a facility or Veterans’ Administration hospital under this part shall:
Be in writing;
Be dated;
Be on the form required by:
The Administration, in the case of a facility; or
The Veterans’ Administration hospital, in the case of a Veterans’ Administration hospital;
State the relationship of the applicant to the individual for whom admission is sought;
Be signed by the applicant;
Be accompanied by the certificates of:
1 physician and 1 psychologist;
2 physicians;
1 physician and 1 psychiatric nurse practitioner;
1 physician and 1 licensed certified social worker–clinical; or
1 physician and 1 licensed clinical professional counselor; and
Contain any other information that the Administration requires.
A certificate for involuntary admission of an individual under this part shall:
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
Be in the form that the Secretary adopts, by rule or regulation.
The rules and regulations shall require the form to include:
A diagnosis of a mental disorder of the individual;
An opinion that the individual needs inpatient care or treatment; and
An opinion that admission to a facility or Veterans’ Administration hospital is needed for the protection of the individual or another.
A certificate may not be used for admission if the examination on which the certificate is made was done:
More than 1 week before the certificate is signed; or
More than 30 days before the facility or the Veterans’ Administration hospital receives the application for admission.
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:
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
Is related, by blood or marriage, to the individual or to the applicant.
A facility or Veterans’ Administration hospital may not admit the individual under this part unless:
The individual has a mental disorder;
The individual needs inpatient care or treatment;
The individual presents a danger to the life or safety of the individual or of others;
The individual is unable or unwilling to be admitted voluntarily; and
There is no available, less restrictive form of intervention that is consistent with the welfare and safety of the individual.
In addition to the limitations in subsection (a) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
If admission is denied because of the determination of the geriatric evaluation team, the team shall:
Inform the applicant; and
Help the applicant obtain the less restrictive form of care or treatment that the team finds would be adequate for the needs of the individual.
A person who applies for involuntary admission of an individual shall have the immunity from liability described under § 5–623(b) of the Courts Article.
A facility or Veterans’ Administration hospital that acts in compliance with the provisions of this part shall have the immunity from liability described under § 5–623(c) of the Courts Article.
An agent or employee of a facility or Veterans’ Administration hospital who acts in compliance with the provisions of this part shall have the immunity from liability described under § 5–623(d) of the Courts Article.
Within 12 hours of notification by a physician, licensed psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor who has certified an individual under this part, a facility operated by the Maryland Department of Health shall receive and evaluate the individual certified for involuntary admission if:
The individual’s involuntary admission is not limited by § 10–617 of this subtitle;
An application for admission has been completed;
A certifying physician, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor is unable to place the individual in a facility not operated by the Department; and
The Department is unable to provide for the placement of the person other than in a facility operated by the Department.
In Part IV of this subtitle the following words have the meanings indicated.
“Court” means a district or circuit court of this State.
“Emergency evaluee” means an individual for whom an emergency evaluation is sought or made under Part IV of this subtitle.
“Emergency facility” means a facility that the Department designates, in writing, as an emergency facility.
“Emergency facility” includes a licensed general hospital that has an emergency room, unless the Department, after consultation with the health officer, exempts the hospital.
“Emergency facility personnel” means a physician, physician assistant, nurse practitioner, or other advanced practice professional employed or under contract with the emergency facility.
“Mental disorder” means the behavioral or other symptoms that indicate:
To a lay petitioner who is submitting an emergency petition, a clear disturbance in the mental functioning of another individual; and
To the following health professionals doing an examination, at least one mental disorder that is described in the version of the American Psychiatric Association’s “Diagnostic and Statistical Manual – Mental Disorders” that is current at the time of the examination:
Physician;
Psychologist;
Clinical social worker;
Licensed clinical professional counselor;
Clinical nurse specialist in psychiatric and mental health nursing (APRN/PMH);
Psychiatric nurse practitioner (CRNP–PMH);
Physician assistant; or
Licensed clinical marriage and family therapist.
“Mental disorder” does not include intellectual disability.
“Peace officer” means a sheriff, a deputy sheriff, a State police officer, a county police officer, a municipal or other local police officer, or a Secret Service agent who is a sworn special agent of the United States Secret Service or Department of Homeland Security authorized to exercise powers delegated under 18 U.S.C. § 3056.
At least once a year, the Department shall:
Publish a list of emergency facilities and their addresses; and
Give the list to each health department, judge of a court, sheriff’s office, police station, local behavioral health authority, and Secret Service office in this State.
The list published under subsection (a)(1) of this section may include:
Comprehensive crisis response centers;
Crisis stabilization centers;
Crisis treatment centers established under § 7.5–207 of this article; and
Outpatient mental health clinics.
Before including a facility under subsection (b) of this section in the list of emergency facilities, the Department shall consult with stakeholders to develop a model program structure that ensures that a program wishing to serve as an emergency facility:
Is adequately staffed to provide 24–hour emergency petition services;
Provides the necessary services required for an emergency petition;
Has written procedures in place that provide for involuntary admissions, through an emergency petition, including to a licensed hospital, as necessary;
Provides additional support to respect the due process rights of patients received through the emergency petition process; and
Complies with additional procedures as otherwise determined by the Department.
On or before September 30 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The number of facilities that have sought to be designated an emergency facility;
The number of the facilities reported under item (1) of this subsection that have attempted to meet the model facility standards developed under subsection (c) of this section;
The progress of the facilities reported under item (2) of this subsection toward meeting the model facility standards;
The development of collaborative models between State, local, and private entities; and
Whether the Department, in consultation with stakeholders, has determined that any changes to the model facility standards are necessary.
A petition for emergency evaluation of an individual may be made under this section only if the petitioner has reason to believe that the individual:
Has a mental disorder; and
Presents a danger to the life or safety of the individual or of others.
The petition for emergency evaluation of an individual may be made by:
A physician, psychologist, physician assistant, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, or health officer or designee of a health officer who has examined the individual;
A peace officer who personally has observed the individual or the individual’s behavior; or
Any other interested person.
An individual who makes a petition for emergency evaluation under paragraph (1)(i) or (ii) of this subsection may base the petition on:
The examination or observation; or
Other information obtained that is pertinent to the factors giving rise to the petition.
A petition under this section shall:
Be signed and verified by the petitioner;
State the petitioner’s:
Name;
Address; and
Home and work telephone numbers;
State the emergency evaluee’s:
Name; and
Description;
State the following information, if available:
The address of the emergency evaluee; and
The name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee;
If the individual who makes the petition for emergency evaluation is an individual authorized to do so under subsection (b)(1)(i) of this section, contain the license number of the individual;
Contain a description of the behavior and statements of the emergency evaluee or any other information that led the petitioner to believe that the emergency evaluee has a mental disorder and that the individual presents a danger to the life or safety of the individual or of others; and
Contain any other facts that support the need for an emergency evaluation.
The petition form shall contain a notice that the petitioner:
May be required to appear before a court; and
Makes the statements under penalties of perjury.
A petitioner who is a physician, psychologist, physician assistant, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer, or designee of a health officer shall give the petition to a peace officer.
The peace officer shall explain to the petitioner:
The serious nature of the petition; and
The meaning and content of the petition.
If the petitioner under Part IV of this subtitle is not a physician, psychologist, physician assistant, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or peace officer, the petitioner shall present the petition to the court for immediate review.
After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that the individual presents a danger to the life or safety of the individual or of others.
If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.
A peace officer shall take an emergency evaluee to the nearest emergency facility if the peace officer has a petition under Part IV of this subtitle that:
Has been endorsed by a court within the last 5 days; or
Is signed and submitted by a physician, psychologist, physician assistant, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or peace officer.
The petition required under paragraph (1) of this subsection may be:
In the form of an electronic record; and
Transmitted and received electronically.
To the extent practicable, a peace officer shall notify the emergency facility in advance that the peace officer is bringing an emergency evaluee to the emergency facility.
After a peace officer brings the emergency evaluee to an emergency facility, the peace officer need not stay unless, because the emergency evaluee is violent, emergency facility personnel ask the supervisor of the peace officer to have the peace officer stay.
A peace officer shall stay until the supervisor responds to the request for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace officer to stay.
If emergency facility personnel ask that a peace officer stay, a physician shall examine the emergency evaluee as promptly as possible.
If the petition is executed properly, the emergency facility shall accept the emergency evaluee.
The petition required under paragraph (1) of this subsection may be:
In the form of an electronic record; and
Transmitted and received electronically.
Within 6 hours after an emergency evaluee is brought to an emergency facility, a physician shall examine the emergency evaluee, to determine whether the emergency evaluee meets the requirements for involuntary admission.
Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee:
Asks for voluntary admission; or
Meets the requirements for involuntary admission.
An emergency evaluee may not be kept at an emergency facility for more than 30 hours.
If an emergency evaluee meets the requirements for an involuntary admission and is unable or unwilling to agree to a voluntary admission under this subtitle, the examining physician shall take the steps needed for involuntary admission of the emergency evaluee to an appropriate facility, which may be a general hospital with a licensed inpatient psychiatric unit.
If the examining physician is unable to have the emergency evaluee admitted to a facility, the physician shall notify the Department.
Within 6 hours after notification, the Department shall provide for admission of the emergency evaluee to an appropriate facility.
Within 30 hours after the emergency facility completes an application for the involuntary admission of an emergency evaluee, the emergency facility shall notify the Mental Health Division in the Office of the Public Defender, by e–mail or facsimile, of the completion of the application.
The notice required under paragraph (1) of this subsection shall include any legal documents relating to the acceptance of the emergency evaluee into the emergency facility, including the emergency petition, application for involuntary admission, and certification for involuntary admission.
The notice required under paragraph (1) of this subsection does not apply to a patient who agrees to voluntary admission.
A court may order, at any time, an emergency evaluation under Part IV of this subtitle of an individual who has been arrested, if the court finds probable cause to believe that the individual has a mental disorder and the individual presents a danger to the life or safety of the individual or of others.
The court order for an emergency evaluation shall state the grounds.
Unless the court directs otherwise, an individual who is taken to an emergency facility under this section shall stay in the custody of the peace officer until the individual either is admitted to an appropriate facility or returned to the court or an appropriate jail.
If an individual was detained lawfully before the court ordered an emergency evaluation under this section and the individual does not meet the requirements for involuntary admission under this subtitle:
The examining physician shall send a brief report of the evaluation to the court; and
The peace officer shall:
Return to the court the individual, the court order, and the report of the examining physician; or
If the court is not in session, take the individual to an appropriate jail and, before the end of the next day that the court is in session, return to the court the individual and the report of the examining physician.
A court order under this section is a detainer against an individual until:
The charges against the individual are dismissed, nol prossed, or stetted; or
The individual appears in court.
On the first work day after admission of an emergency evaluee who is 65 years old or older, the geriatric evaluation team in the county where the emergency evaluee resides shall be informed.
If an emergency evaluee cannot pay or does not have insurance that covers the charges for emergency services, an initial consultant examination by a physician, physician assistant, or nurse practitioner, and transportation to an emergency facility and, for an involuntary admission of the emergency evaluee, to the admitting facility, the Department shall pay the appropriate party the actual cost or a reasonable rate for this service, whichever is lower, except that hospitals shall be paid at rates approved by the Health Services Cost Review Commission.
The reasonable rate for the services provided under an emergency petition shall be calculated by using a methodology established by regulation and reasonably related to the actual cost.
With respect to emergency admissions, the Department shall be subrogated against any insurance coverage available to the patient for charges relating to emergency service, initial consultant examination by a physician or nurse practitioner, and transportation to an emergency facility under Part IV of this subtitle.
Any petitioner who submits or completes a petition under Part IV of this subtitle shall have the immunity from liability described under § 5-624(b) of the Courts and Judicial Proceedings Article.
Any peace officer who acts as a custodian of an emergency evaluee shall have the immunity from liability described under § 5-624(c) of the Courts and Judicial Proceedings Article.
An emergency facility that acts in compliance with the provisions of Part IV of this subtitle shall have the immunity from liability described under § 5-624(d) of the Courts and Judicial Proceedings Article.
An agent or employee of an emergency facility who acts in compliance with the provisions of Part IV of this subtitle shall have the immunity from liability described under § 5-624(e) of the Courts and Judicial Proceedings Article.
All court records relating to a petition for an emergency evaluation made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.
Except for a court record sealed under subsection (d) of this section, this section does not prohibit review of a court record relating to a petition by:
Personnel of the court;
The petitioner;
The emergency evaluee or counsel for the emergency evaluee;
Authorized personnel of the Department;
Authorized personnel of the local core service agency or local behavioral health authority;
A law enforcement agency; or
A person authorized by a court order on good cause shown.
A petition for an emergency evaluation:
Shall be considered a mental health record under Title 4 of this article; and
May be released by a health care provider, as defined in § 4–301 of this article, only as permitted by law.
An emergency evaluee who was a minor when a petition for emergency evaluation was made or sought concerning the emergency evaluee under this part may file a motion with the court at any time requesting that any court records relating to the petition be sealed.
The court shall have a copy of the motion filed under this subsection served on the petitioner at the address stated for the petitioner in the petition for emergency evaluation.
The court may order court records relating to the petition for emergency evaluation that is the subject of the motion sealed for good cause shown.
The petitioner may file an objection to a motion filed under this subsection.
If no objection is filed, the court may grant the motion without a hearing.
If the petitioner files an objection to the motion within 30 days after a copy of the motion is served on the petitioner, the court shall hold a hearing.
The court may hold a hearing on its own initiative.
If sealed, the court records relating to the petition for emergency evaluation that is the subject of the motion may not be opened, for any purpose, except by order of the court for good cause shown.
The Administration shall prepare and provide each facility with standard forms that provide, in clear and simple words, at least the following information:
Notice of the admission of the individual;
The right of the individual to consult with a lawyer that the individual chooses;
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;
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
In substance:
Those provisions of this subtitle under which the individual is admitted;
The provisions of this section; and
The provisions of Subtitle 7 of this title.
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.
If the individual does not understand the notice required by this section and its legal effect, the notice also shall be given to:
The parent, guardian, or next of kin of the individual;
The applicant for an involuntary admission of the individual; and
Any other individual who has a significant interest in the status of the individual.
In any event, if possible, notice of the admission shall be given to the parent, guardian, or next of kin of the individual.
Notice of the admission of a minor shall be given as promptly as possible.
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.
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.
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.
Notice under this section shall be given again to an individual when:
A new application is made under this subtitle for a voluntary admission; and
New certificates are made under this subtitle for an involuntary admission.
Any individual proposed for involuntary admission under Part III of this subtitle shall be afforded a hearing to determine whether the individual is to be admitted to a facility or a Veterans’ Administration hospital as an involuntary patient or released without being admitted.
The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.
The hearing may be postponed for good cause for no more than 7 days, and the reasons for the postponement shall be on the record.
A decision shall be made within the time period provided in paragraph (1) of this subsection.
The Secretary shall:
Adopt rules and regulations on hearing procedures; and
Designate an impartial hearing officer to conduct the hearings.
The hearing officer shall:
Consider all the evidence and testimony of record; and
Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:
The individual has a mental disorder;
The individual needs in–patient care or treatment;
The individual presents a danger to the life or safety of the individual or of others;
The individual is unable or unwilling to be voluntarily admitted to the facility;
There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and
If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.
A hearing officer may not order the release of an individual who meets the requirements for involuntary admission under subsection (e)(2) of this section on the grounds that a health care provider or an emergency or other facility did not comply with disclosure or notice requirements under § 10–625(c) or § 10–631(b)(5) of this subtitle, § 10–803(b)(2) of this title, or § 4–306(c) or § 4–307(l) of this article.
The hearing officer may not order the release of an individual who meets the requirements for involuntary admission under subsection (e)(2) of this section on the grounds that the individual was kept at an emergency facility for more than 30 hours in violation of § 10–624(b)(4) of this subtitle.
The parent, guardian, or next of kin of an individual involuntarily admitted under this subtitle:
Shall be given notice of the hearing on the admission; and
May testify at the hearing.
If a hearing officer enters an order for involuntary commitment under Part III of this subtitle and the hearing officer determines that the individual cannot safely possess a firearm based on credible evidence of dangerousness to others, the hearing officer shall order the individual who is subject to the involuntary commitment to:
Surrender to law enforcement authorities any firearms in the individual’s possession; and
Refrain from possessing a firearm unless the individual is granted relief from firearms disqualification in accordance with § 5–133.3 of the Public Safety Article.
The determination of a hearing officer on an involuntary admission under this subtitle is a final decision of the Department for the purpose of judicial review of a final decision under the Administrative Procedure Act.