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<section article="ghg" article_name="Health - General" number="10-632" title_number="10" title_name="Mental Health Law" subtitle_number="6" subtitle_name="Admission Provisions">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>A decision shall be made within the time period provided in paragraph (1) of this subsection.</text>
    </level>
  </level>
  <level label="d">
    <text>The Secretary shall:</text>
    <level label="1">
      <text>Adopt rules and regulations on hearing procedures; and</text>
    </level>
    <level label="2">
      <text>Designate an impartial hearing officer to conduct the hearings.</text>
    </level>
  </level>
  <level label="e">
    <text>The hearing officer shall:</text>
    <level label="1">
      <text>Consider all the evidence and testimony of record; and</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>The individual has a mental disorder;</text>
      </level>
      <level label="ii">
        <text>The individual needs in–patient care or treatment;</text>
      </level>
      <level label="iii">
        <text>The individual presents a danger to the life or safety of the individual or of others;</text>
      </level>
      <level label="iv">
        <text>The individual is unable or unwilling to be voluntarily admitted to the facility;</text>
      </level>
      <level label="v">
        <text>There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and</text>
      </level>
      <level label="vi">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>The parent, guardian, or next of kin of an individual involuntarily admitted under this subtitle:</text>
    <level label="1">
      <text>Shall be given notice of the hearing on the admission; and</text>
    </level>
    <level label="2">
      <text>May testify at the hearing.</text>
    </level>
  </level>
  <level label="i">
    <text>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:</text>
    <level label="1">
      <text>Surrender to law enforcement authorities any firearms in the individual’s possession; and</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
