Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.01 - Involuntary Admission to Inpatient Mental Health Facilities
Section 10.21.01.05 - Notice of Status and Rights
Universal Citation: MD Code Reg 10.21.01.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. If an individual is confined on observation status in an inpatient facility on the basis of an application and certificates for IVA, staff at the inpatient facility shall inform the individual of the individual's status and rights:
(1) By giving the individual the Notice of
Status and Rights form described under §C of this regulation and provided
by the Administration;
(2) By
explaining the information on the form to the individual in English or in the
language and terms that are appropriate to the individual's condition and
ability to understand; and
(3) At
the following times:
(a) Within 12 hours of
the individual's initial confinement in an inpatient facility on the basis of
application and certificates for IVA under the provisions of Regulations .03
and .04 of this chapter;
(b) When
certificates for IVA are executed for the purpose of changing the individual's
status in accordance with Regulation .08B of this chapter; and
(c) When certificates are executed for the
purpose of recertifying the individual for a semiannual hearing in accordance
with Health-General Article, §10-806(d), Annotated Code of Maryland, and
Regulation .08C of this chapter.
B. Staff shall file a copy of the Notice of Status and Rights form in the individual's medical record and give copies to:
(1) When possible, the individual's parent,
guardian, or next of kin; and
(2)
If the individual does not understand the notice, the individual's:
(a) Parent, guardian, or next of
kin;
(b) The applicant for IVA;
and
(c) Any other person who has
significant interest in the status of the individual.
C. The Administration shall provide a Notice of Status and Rights form that includes the following:
(1) The statutory authority for the
notice;
(2) The form number
(DHMH33) and revision date;
(3) A
statement of the rights provided under Health-General Article, §10-631,
and Title 10, Subtitle 7, Annotated Code of Maryland;
(4) The right and access to legal counsel
provided under Health-General Article, §10-631(a)(2) -(4), Annotated Code
of Maryland;
(5) The hearing rights
enumerated under Health-General Article, §10-632, Annotated Code of
Maryland, and Regulation .09C of this chapter;
(6) The right to request a judicial hearing
on the cause and legality of the individual's admission and continued detention
according to Health-General Article, §§10-804 and 10-805, Annotated
Code of Maryland; and
(7) Spaces
for:
(a) The name of the
individual;
(b) The name of the
inpatient facility;
(c) The basis
for the individual's status and the provisions of law pertaining to the
status;
(d) The signature of the
individual and date that the individual received the notice;
(e) An explanation, if the individual does
not sign the notice;
(f) An
indication of whether the notice is given to a parent, guardian, or next of
kin;
(g) An indication of whether
the individual understands the notice; and
(h) Signature of inpatient facility staff who
gives the notice to the individual and date that the notice is given.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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