2596

LAWS OF MARYLAND

Ch. 480

(III) A NONPHYSICIAN MENTAL HEALTH CARE
PROVIDER.

(2) ONLY 1 MEMBER OF THE CLINICAL REVIEW PANEL MAY BE

DIRECTLY RESPONSIBLE FOR IMPLEMENTING THE INDIVIDUALIZED

TREATMENT PLAN FOR THE INDIVIDUAL UNDER REVIEW.

(2) IF A MEMBER OF THE CLINICAL REVIEW PANEL ALSO IS
DIRECTLY RESPONSIBLE FOR IMPLEMENTING THE INDIVIDUALIZED
TREATMENT PLAN FOR THE INDIVIDUAL UNDER. REVIEW, THE CLINICAL
DIRECTOR SHALL DESIGNATE ANOTHER PANEL MEMBER FOR THAT SPECIFIC
REVIEW.

(C) (1) IN DETERMINING WHETHER TO APPROVE THE MEDICATION,
THE CLINICAL REVIEW PANEL SHALL:

(I)  REVIEW THE INDIVIDUAL'S CLINICAL RECORD;

(II)  CONSULT WITH FACILITY PERSONNEL WHO ARE
RESPONSIBLE FOR IMPLEMENTING THE INDIVIDUAL'S TREATMENT PLAN;

(III)  CONSULT WITH THE INDIVIDUAL REGARDING THE
REASONS FOR REFUSING THE MEDICATION;

(IV)  REVIEW THE INDIVIDUAL'S CAPACITY TO MAKE
DECISIONS CONCERNING TREATMENT; AND

(V)  REVIEW THE POTENTIAL CONSEQUENCES OF
REQUIRING THE INDIVIDUAL TO ACCEPT THE MEDICATION AND OF
WITHHOLDING THE MEDICATION FROM THE INDIVIDUAL.

(2)  THE CLINICAL REVIEW PANEL MAY NOT APPROVE THE
MEDICATION WHERE THERE ARE ALTERNATIVE TREATMENTS THAT ARE
ACCEPTABLE TO BOTH THE INDIVIDUAL AND FACILITY PERSONNEL WHO ARE
DIRECTLY RESPONSIBLE FOR IMPLEMENTING THE INDIVIDUAL'S TREATMENT
PLAN.

(3) (I) THE CLINICAL REVIEW PANEL MAY APPROVE THE USE
OF THE MEDICATION FOR NO MORE THAN A 60-DAY PERIOD.

(II) AFTER THAT PERIOD, IF THE PATIENT
CONTINUES TO REFUSE THE MEDICATION, THE MEDICATION MAY BE
CONTINUED ONLY IF APPROVED AGAIN BY THE CLINICAL REVIEW PANEL
EVERY 60 DAYS.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 15, 1984.