J. MILLARD TAWES, GOVERNOR 567
"Lunatics and Insane", sub-title "Department of Mental Hygiene",
correcting certain erroneous cross references in the laws concern-
ing the discharge of patients from certain mental institutions.
Whereas, in Section 42 of Article 59 of the Code, there are cross
references in the law relating to the discharge of patients from
mental institutions; and
Whereas, these cross references are in error and should be cor-
rected; and
Whereas, such a change has been approved by the Deputy Attor-
ney General in the State Law Department; now, therefore
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 42 of Article 59 of the Annotated Code of Maryland
(1957 Edition), title "Lunatics and Insane", sub-title "Department
of Mental Hygiene", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:
42. Discharge of patients.
The superintendent or chief medical officer of every institution,
hospital, asylum, home or retreat for the insane to which persons
may be admitted in accordance with [Sections 18, 23 to 25, 26, 37
and 39 to 44,] Sections 1, 3, 31, 32, 37, 40, 43 and 46 shall discharge
any patient, except one under criminal charge, upon being satisfied
by personal examination and inquiry that said patient has recovered.
He may also discharge any patient who appears quiet and harmless,
and who is not likely to improve under further treatment, upon
being satisfied that such patient's relatives or friends are able to
give him proper care and supervision. He shall not discharge any
patient now or hereafter detained in any institution, asylum, home
or retreat whom he has reason to believe to be dangerous to himself
or others, except upon the order of some court of competent juris-
diction. Nothing in this section shall prevent the relatives or friends
of any patient maintained by them at private expense in any insti-
tution, hospital, asylum, home or retreat for the insane in this
State, removing such patient at any time, but in the event of the
removal of any patient so maintained who is believed by the super-
intendent or chief medical officer of any institution from which such
removal is made, to be dangerous to himself or others, it shall be the
duty of the superintendent or chief medical officer to give notice in
writing to the relatives or friends making such removal that, in his
belief, the said patient is dangerous, and his reason for such belief,
and to cause a copy of said notice to be filed with the papers upon
which said patient was committed.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1959.
Approved April 8, 1959.
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