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3215
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MARVIN MANDEL, Governor
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Department of Health and Mental Hygiene -
Judicial Review of Department Civil Commitments
FOR the purpose of providing for immediate judicial
review of civil commitment administrative
determinations made pursuant to Department of Health
and Mental Hygiene regulations governing involuntary
admissions to certain mental health and mental
retardation facilities.
BY repealing and reenacting, with amendments,
Article 41 — Governor - Executive and
Administrative Departments
Section 206A(c)
Annotated Code of Maryland
(1971 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 206A(c) of Article 41 - Governor -
Executive and Administrative Departments, of the
Annotated Code of Maryland (1971 Replacement Volume and
1976 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:
Article 41 - Governor - Executive and
Administrative Departments
206A.
(c) In addition to its advisory powers, the board
shall hear and determine appeals from those decisions of
the Secretary or any departments or other agencies within
the Department of Health and Mental Hygiene which are
subject to judicial review under § 255 of this article or
under any other provisions of law. CIVIL COMMITMENT
DETERMINATIONS MADE BY DEPARTMENT OF HEALTH AND MENTAL
HYGIENE HEARING OFFICERS PURSUANT TO DEPARTMENTAL
REGULATIONS GOVERNING INVOLUNTARY ADMISSIONS TO MENTAL
HEALTH FACILITIES UNDER THE JURISDICTION OF OR LICENSED
BY THE DEPARTMENT AND DEPARTMENTAL REGULATIONS GOVERNING
INVOLUNTARY ADMISSIONS TO MENTAL RETARDATION FACILITIES
UNDER THE JURISDICTION OF OR LICENSEE BY THE DEPARTMENT
SHALL BE CONSIDERED FINAL DECISIONS OF THE DEPARTMENT FOR
PURPOSES OF JUDICIAL REVIEW UNDER THIS ARTICLE. The board
shall also hear and determine appeals from those actions
or failures to act by any departments or agencies within
the Department of Health and Mental Hygiene for which the
Secretary, by regulations, provides for review by the
board. The board shall report at least annually to the
Secretary and its report shall incorporate a summary of
appeals heard and the determinations thereof by
categories. Members of the board may not participate in
any determination nor vote in any proceeding as to which
he has, directly or indirectly, a private interest.
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