2408

LAWS OF MARYLAND

Ch. 821

SECTION FOR CARE OR TREATMENT OF A MENTAL DISORDER MAY BE
MADE ONLY AFTER THE PERSON HAS BEEN EVALUATED BY A GERIATRIC
EVALUATION UNIT.

(II)       THE GERIATRIC EVALUATION UNIT SHALL
DETERMINE WHETHER A LESS RESTRICTIVE OR MORE APPROPRIATE
FORM OF CARE AND TREATMENT, OTHER THAN ADMISSION TO THE
FACILITY, IS ADEQUATE FOR THE PERSON'S NEEDS.

(III)    A DETERMINATION THAT A LESS

RESTRICTIVE FORM OF CARE AND TREATMENT IS ADEQUATE AND

APPROPRIATE SHALL NOT PREVENT A VETERANS' ADMINISTRATION

HOSPITAL OR A PRIVATE FACILITY FROM ADMITTING THE PERSON AS

A PATIENT. HOWEVER, IF THE GERIATRIC EVALUATION UNIT

DETERMINES THAT A LESS RESTRICTIVE FORM OF CARE AND
TREATMENT IS ADEQUATE AND APPROPRIATE, AND IF THAT FORM OF
CARE AND TREATMENT CAN FEASIBLY BE PROVIDED TO THE PERSON,
THE ADMISSION OF THE PERSON TO A PUBLIC THE FACILITY SHALL
BE DENIED. IF THE ADMISSION OF A PERSON TO A PUBLIC THE
FACILITY IS DENIED ON THE BASIS OF A GERIATRIC EVALUATION
UNIT'S EVALUATION,        THE PERSON MAKING APPLICATION FOR

ADMISSION SHALL BE INFORMED OF THE UNIT'S DECISION AND
ADVISED OF AND ASSISTED IN OBTAINING THE LESS RESTRICTIVE
FORM OF CARE AND TREATMENT DETERMINED TO BE ADEQUATE AND
APPROPRIATE BY THE UNIT.

(IV)       PATIENTS TRANSFERRED PURSUANT TO THE
INTERSTATE COMPACT ON MENTAL HEALTH INTO A MARYLAND STATE
FACILITY FROM AN OUT OF STATE FACILITY, MAINTAINED BY A
PARTY STATE OR POLITICAL SUBDIVISION THEREOF, ARE NOT
SUBJECT TO REVIEW BY A GERIATRIC EVALUATION UNIT.

12.

(a) (1) Any Veterans' Administration hospital or
facility licensed by or under the jurisdiction of the
Department may admit for the purpose of care or treatment,
or both, any person who:

[(1)] (I) Has a mental disorder; and

[(2)] (II) For the protection of himself or
others, needs inpatient medical care or treatment; and

[(3)] (III) Is unable or unwilling to be
voluntarily admitted to such facility.

For the purposes of this section, no person shall be
admitted to any Veterans' Administration hospital or
facility licensed by or under the jurisdiction of the
Department if there is a less restrictive form of
intervention available which is consistent with the person's
welfare and safety.

(2) (I) IN ADDITION TO THE OTHER PROVISION OF
THIS SUBSECTION, IF THE PERSON TO BE ADMITTED IS 65 YEARS OF

AGE OR OLDER, THE ADMISSION TO ANY VETERAN'S ADMINISTRATION

PUBLIC HOSPITAL OR FACILITY FOR CARE OR TREATMENT OF A