<?xml version='1.0' encoding='utf-8'?>
<section article="ghg" article_name="Health - General" number="10-611" title_number="10" title_name="Mental Health Law" subtitle_number="6" subtitle_name="Admission Provisions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.</text>
    </level>
    <level label="3">
      <text>“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.</text>
    </level>
    <level label="4">
      <text>“Mental disorder” has the meaning stated in § 10–620 of this subtitle.</text>
    </level>
  </level>
  <level label="b">
    <text>A disabled person may apply for voluntary admission of the disabled person if:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>The disabled person has the capacity to execute an application for voluntary admission; and</text>
      </level>
      <level label="ii">
        <text>The disabled person understands both the criteria for voluntary admission set forth under this section and the procedure for requesting discharge from the facility.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A certificate for voluntary admission of a disabled person under subsection (b) of this section shall:</text>
      <level label="i">
        <text>Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, or physician assistant who signs the certificate; and</text>
      </level>
      <level label="ii">
        <text>Be in the form that the Secretary of Health adopts, by rule or regulation.</text>
      </level>
    </level>
    <level label="2">
      <text>The rules and regulations shall require the form to include an opinion that:</text>
      <level label="i">
        <text>The disabled person has a mental disorder;</text>
      </level>
      <level label="ii">
        <text>The mental disorder is susceptible to care or treatment;</text>
      </level>
      <level label="iii">
        <text>The disabled person understands the nature of the request for admission; and</text>
      </level>
      <level label="iv">
        <text>The disabled person is able to give continuous assent to retention by the facility.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <text>A certificate may not be used for an admission if the physician, psychologist, psychiatric nurse practitioner, or physician assistant who signed the certificate:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>Is related, by blood or marriage, to the disabled person or the guardian of the person of the disabled person.</text>
    </level>
  </level>
  <level label="f">
    <text>A facility may not admit a disabled person under this section unless:</text>
    <level label="1">
      <text>As certified in accordance with subsection (c) of this section, the disabled person satisfies the criteria under subsection (b)(2) of this section; and</text>
    </level>
    <level label="2">
      <text>The disabled person is able to ask for release.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>If admission is denied because of the determination of the geriatric evaluation team, the team shall:</text>
      <level label="i">
        <text>Inform the disabled person and the guardian of the person of the disabled person of the denial; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>The facility shall notify the guardian of the person of a disabled person admitted to the facility under this section:</text>
    <level label="1">
      <text>That the disabled person has been admitted to the facility; and</text>
    </level>
    <level label="2">
      <text>If the disabled person requests to be discharged from a facility to which the disabled person was voluntarily admitted.</text>
    </level>
  </level>
  <level label="i">
    <text>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:</text>
    <level label="1">
      <text>The admission status of the disabled person has been changed to an involuntary admission in accordance with Part III of this subtitle; and</text>
    </level>
    <level label="2">
      <text>An involuntary commitment proceeding is held.</text>
    </level>
  </level>
  <level label="j">
    <text>The execution by a disabled person of an application for voluntary admission under this section does not:</text>
    <level label="1">
      <text>Diminish the rights, duties, or responsibilities conferred on the guardian of the person under § 13–708 of the Estates and Trusts Article; or</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
