Marvin Mandel, Governor 941
(b) At the direction of the Commissioner, his authorized repre-
sentative, or the superintendent of any facility, (or in the case
of a patient in a Veterans' Administration Hospital, at the direc-
tion of the chief officer of that hospital), any patient not detained
pursuant to the provisions of Sections 23, 24 or 27 of this Article,
may be released on a conditional basis, if in the judgment of such
official:
(1) the patient, if released, would be properly cared for by him-
self or other responsible persons; and
(2) the patient, if released, would not constitute a danger to
himself or to the safety of the person or property of others.
Conditional releases may be on any basis as to duration, treatment
or care deemed reasonable by the official approving the release. For
the purposes of Section 12(e), a patient released on a conditional
basis shall be deemed to be a retained patient.
(c) Any person in a facility who fails or refuses to execute the
application provided for in Sections 11(f) and 11(g) of this subtitle,
or who has not been recertified pursuant to Section 12(e) shall be
released.
(d) All determinations as to release, whether full or conditional,
including a summary of the reasons for such determination, shall be
made a permanent part of the patient records of each patient.
19. Patient Records.
Each facility which has, as patients, any persons admitted under
the provisions of this subtitle, shall make and retain in a separate
and secure area of the facility, complete records of each such pa-
tient. Such records shall contain copies of all data required by this
Article, and such additional information as may be required by
the Department. Such records shall be open for inspection by per-
sons designated by the Commissioner and in accordance with the
provisions of the Privileged Communications Act, Article 85, Section
13A, but shall be closed to all other persons.
20. Reports of Admission.
Within 10 days after admission to a facility, the Department shall
be notified of the admission, whether involuntary or voluntary,
formal or informal, of each patient, in such detail as may be re-
quired by the Department. Thereafter, at least once every year
or more frequently, if requested by the Department; or upon the
change of admission status and/or upon release of a patient, a status
report as to each such patient shall be submitted to the Depart-
ment by each facility having any patients admitted pursuant to
this section. All such reports shall be in such form and shall supply
such detail as the Department may require.
21. Penalties.
(a) Any person who knowingly makes any false application or
certificate in connection with the admission or detention of any
patient, shall be guilty of a misdemeanor, and upon conviction
thereof, may be imprisoned for a period not to exceed two years,
or fined an amount not to exceed $5,000. or both.
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