Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.17 - Community Mental Health Programs-Definitions and Administrative Requirements
Section 10.21.17.04 - Consent for Services, Orientation, and Advance Directive for Mental Health Services
Universal Citation: MD Code Reg 10.21.17.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Consent for Services.
(1) Before initiating services
to an individual, a program shall:
(a) Obtain
consent from the individual to:
(i) Render
services to the individual; and
(ii) Involve, as appropriate, the appropriate
CSA, the individual's family members, and others designated by the individual
in the individual's service process;
(b) Review with the individual:
(i) That the program may disclose, without
consent, certain protected health information, and obtain an acknowledgment
from the individual of having received notice that such disclosure may
occur;
(ii) That the program may
disclose, without consent, protected health information to other medical
assistance programs and providers; and
(iii) The requirements of the Health
Insurance Portability and Accountability Act and the Maryland Medical Records
Act, as to scope and limits of the confidentiality provisions; and
(c) If the individual is a minor
who cannot consent to services, obtain the appropriate consents and make the
required disclosures.
(2) If the individual agrees to consent to
services but is unable or unwilling to give written consent, a program shall:
(a) Document the reasons why the individual
cannot give written consent;
(b)
Verify the individual's verbal consent to services; and
(c) Periodically attempt to obtain written
consent and document such efforts.
B. Orientation.
(1) On or before the date that an individual
receives services, the program director shall ensure that an individual who has
been admitted to the program receives information, verbally and in writing,
including, but not limited to:
(a) A
description of the services available;
(b) Individual rights and
responsibilities;
(c) Program hours
and on-call procedures;
(d) The
program's procedures for discharge;
(e) The program's procedures for
confidentiality;
(f) Crisis
intervention services; and
(g) The
complaint and grievance processes.
(2) The individual's program coordinator
shall document in the individual's medical record the individual's receipt of
the information contained in §B(1) of this regulation.
C. Advance Directive for Mental Health Services. For individuals who are 16 years old or older, the program director shall:
(1) Ensure that an individual
who has been admitted to the program receives information, verbally and in
writing, regarding making an advance directive for mental health
services;
(2) Document whether an
individual has a current advance directive for mental health
services;
(3) If an individual has
a mental health advance directive, include a copy of the document in the
individual's medical record; and
(4) If an individual requests assistance with
making an advance directive for mental health services, assign staff to assist
the individual.
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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