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 10.21.01.08 - Schedule of IVA Hearings
Universal Citation: MD Code Reg 10.21.01.08
Current through Register Vol. 51, No. 19, September 20, 2024
A. Initial Hearing.
(1) When an individual is
confined on observation status in an inpatient facility on the basis of
application and certificates for IVA, inpatient facility staff shall:
(a) Schedule a hearing to take place within
10 days of the individual's initial confinement in the inpatient
facility;
(b) Notify the OAH and
the OPD that the hearing has been scheduled; and
(c) Give the Notice of Status and Rights in
accordance with Regulation .05 of this chapter, and Notice of Hearing in
accordance with Regulation .06 of this chapter.
(2) The ALJ may postpone the hearing for good
cause or by agreement of the parties, and the postponement shall be:
(a) For not more than 7 days;
(b) On the record; and
(c) One time only.
B. Change of Status Hearing.
(1) An inpatient facility that accepts
individuals who are referred for IVA may initiate the procedure outlined in
this section to change the admission status of an individual when, in the
clinical judgment of the individual's treating physician, the individual meets
the requirements for IVA outlined in Health-General Article, §10-617,
Annotated Code of Maryland, and Regulation .04C(4)(c) of this chapter, and the
individual is:
(a) Admitted voluntarily
pursuant to Health-General Article, §10-609, Annotated Code of Maryland,
and the individual requests discharge or otherwise demonstrates that the
individual is unwilling or unable to continue to agree to voluntary
treatment;
(b) A minor who is
admitted on the basis of an application for voluntary admission of a minor
signed by the parent or guardian, pursuant to Health-General Article,
§10-610, Annotated Code of Maryland, and the:
(i) Parent or guardian requests release of
the minor, or
(ii) Minor has been
admitted to a State inpatient facility, and the minor is in need of care or
treatment for longer than 20 days; or
(c) Admitted on the basis of a court order
pursuant to Health-General Article, §12-104 or 12-110, Annotated Code of
Maryland, and the Office of the State's Attorney or the court has agreed to
dismiss, nolle prosequi, or stet the charges.
(2) Two physicians or one physician and one
psychologist or one physician and one psychiatric nurse practitioner shall
evaluate the individual and, if the individual meets the requirements for IVA
outlined in Health-General Article, §10-617, Annotated Code of Maryland,
and Regulation .04C(4)(c) of this chapter, shall submit an application for IVA
of the individual in accordance with the provisions of Regulation .03 of this
chapter and complete certificates for IVA in accordance with the provisions of
Regulation .04 of this chapter:
(a) Within 3
days of the request for discharge, if the individual was admitted on the basis
of a formal, written application for voluntary admission;
(b) Before 4 p.m. on the day of the request
for discharge, if the individual was admitted voluntarily on the basis of an
informal request;
(c) Before the
expiration of the 20-day maximum stay, if the individual is a minor who was
admitted to a State inpatient facility on the basis of an application for
voluntary admission signed by the parent or guardian; and
(d) By the close of business of the next
working day following official notification that the charges have been
dismissed, nolle prossed, or stetted.
(3) Following completion of the application
and certificates for IVA under §B(2) of this regulation, staff at the
inpatient facility shall:
(a) Schedule a
hearing to take place within 10 days of the completion of application and
certificates for IVA in accordance with §B(2) of this
regulation;
(b) Notify the OAH and
the OPD that the hearing has been scheduled;
(c) Give the Notice of Status and Rights in
accordance with Regulation .05 of this chapter, and Notice of Hearing pursuant
to Regulation .06 of this chapter; and
(d) If the individual is 65 years old or
older and is in a State inpatient facility or Veterans' Administration
hospital, and during the individual's current stay in the State facility or
Veterans' Administration hospital the individual has not been approved for IVA
by the GES:
(i) Notify the GES in the county
of the individual's last residence that application and certificates for IVA
have been completed, and
(ii)
Document that the GES team has determined that there is no available, less
restrictive form of care or treatment that is adequate for the needs of the
individual.
(4) If an inpatient facility does not accept
individuals who are referred for IVA, and an individual is admitted
voluntarily, pursuant to Health-General Article, §10-609, Annotated Code
of Maryland, if the individual requests to be discharged from the inpatient
facility or otherwise demonstrates that the individual is unwilling or unable
to continue to agree to voluntary treatment, before discharging the individual,
staff at the inpatient facility:
(a) May
initiate the procedure outlined in §B(2) of this regulation and arrange to
refer the individual to an inpatient facility that accepts individuals who are
referred for IVA; and
(b) Shall
assure that a hearing shall be held at the receiving inpatient facility within
10 days of completion of application and certificates for IVA in accordance
with §B(2) of this regulation.
C. Semiannual Hearing.
(1) Facility staff shall schedule a hearing
for the purpose of determining whether an individual continues to meet the
requirements for IVA outlined in Health-General Article, §10-617,
Annotated Code of Maryland, and Regulation .04C(4)(c)(i)-(v) of this chapter:
(a) Not sooner than 5 months or later than 6
months from the date that the individual is involuntarily admitted to an
inpatient facility following an IVA hearing in accordance with §A or B of
this regulation; and
(b)
Semiannually after that.
(2) At least 7 days before the date a
semiannual hearing is scheduled to take place:
(a) Two physicians or one physician and one
psychologist or one physician and one psychiatric nurse practitioner shall
complete certificates for IV A in accordance with the provisions of Regulation
.04 of this chapter;
(b) Staff at
the inpatient facility shall give the Notice of Status and Rights in accordance
with Regulation .05 of this chapter, and Notice of Hearing pursuant to
Regulation .06 of this chapter;
(c)
Staff at the inpatient facility shall notify the OAH and the OPD that a hearing
has been scheduled; and
(d) If the
individual is 65 years old or older and is in a State inpatient facility or
Veterans' Administration hospital, and during the individual's current stay in
the State inpatient facility or Veterans' Administration hospital the
individual has not been approved for IVA by the GES, State inpatient facility
or Veterans' Administration hospital staff shall:
(i) Notify the GES in the county of the
individual's last residence that certificates for IVA have been completed,
and
(ii) Document that the GES team
has determined that there is no available, less restrictive form of care or
treatment that is adequate for the needs of the individual.
(3) A parent or
guardian of a minor individual may not execute an application for voluntary
admission of the minor at the time that a semiannual hearing is scheduled for
the minor.
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