BLAIR LEE III, Acting Governor

2409

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

VETERANS' ADMINISTRATION HOSPITAL OR THE FACILITY, IS

ADEQUATE FOR THE PERSON'S NEEDS. IF THE GERIATRIC

EVALUATION UNIT DETERMINES THAT A LESS RESTRICTIVE FORM OF

CARE AND TREATMENT IS ADEQUATE AND APPROPRIATE, 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 SHALL BE DENIED.

(III)     IF AN ADMISSION IS DENIED ON THE
BASIS OF A GERIATRIC EVALUATION UNIT'S EVALUATION, THE
PERSON MAKING APPLICATION FOR THE PERSON'S 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.

(V)          THE PROVISIONS OF THIS SUBSECTION ARE
ANCILLARY TO ANY OTHER RIGHTS OF A PATIENT AND SHALL NOT BE
CONSTRUED TO BE IN DERROGATION DEROGATION OF OTHER RIGHTS
GRANTED TO PERSONS UNDER THE PROVISIONS OF THE CODE.

(a) Any patient may, at any time, subject to the
limitations specified in this section, file a petition in

the equity court of the county in which he resides or

resided at the time of his admission, or in which he is
confined for the purpose of securing his release. Any

person having a legitimate interest in the welfare of the

patient may file the petition on his behalf. The

Department shall be the respondent in any such case, unless
the patient is a patient in a private facility or a
Veterans' Administration hospital, in which case the private
facility or the Veterans' Administration hospital shall be
named as the respondent.

(b) The petition shall be in the form and contain

data as may be designated by the Maryland Rules.

(c) The petitioner may request that his petition be
heard by a jury, and thereafter, such trial shall proceed as
in a civil action at law.

(d) [The issues to be determined are] (1) A

DETERMINATION OF WHETHER THE PATIENT SHALL BE RELEASED SHALL