134

LAWS OF MARYLAND

Ch. 31

Article 59 - Mental Hygiene

17A.

IN THE EVENT THE MENTAL HYGIENE ADMINISTRATION
DETERMINES THAT ANY PERSON WHO HAS BEEN ADMITTED OR WHO IS
ELIGIBLE FOR ADMISSION TO A RESIDENTIAL FACILITY FOR PERSONS
HAVING ANY MENTAL DISORDER MAY BE MORE APPROPRIATELY SERVED
IN A RESIDENTIAL FACILITY FOR MENTALLY RETARDED PERSONS, THE
MENTAL HYGIENE ADMINISTRATION MAY REQUEST THE MENTAL
RETARDATION ADMINISTRATION TO ACCEPT A TRANSFER OF THE
PERSON TO AN APPROPRIATE FACILITY FOR MENTALLY RETARDED
PERSONS. THE MENTAL RETARDATION ADMINISTRATION SHALL
THEREUPON MAKE ITS OWN DETERMINATION AS TO THE
APPROPRIATENESS OF PLACEMENT IN A RESIDENTIAL FACILITY FOR
MENTALLY RETARDED PERSONS. IN THE EVENT OF ANY DISPUTE
BETWEEN THE MENTAL HYGIENE ADMINISTRATION AND THE MENTAL
RETARDATION ADMINISTRATION AS TO A PROPOSED TRANSFER, OR AS
TO THE PROPER PLACEMENT, OF ANY PERSON WHO HAS BEEN ADMITTED
OR IS ELIGIBLE FOR ADMISSION TO A FACILITY FOR PERSONS
HAVING ANY MENTAL DISORDER, THE MATTER MAY BE REFERRED TO
THE SECRETARY FOR DETERMINATION PURSUANT TO PROCEDURES
PRESCRIBED BY THE SECRETARY. A REQUEST FOR SUCH A
DETERMINATION MAY BE MADE EITHER BY THE MENTAL HYGIENE
ADMINISTRATION, THE MENTAL RETARDATION ADMINISTRATION, THE
GUARDIAN OF ANY PERSON ON BEHALF OF THAT PERSON, OR ANY
PERSON HAVING A LEGITIMATE INTEREST IN THE WELFARE OF THE
PERSON INVOLVED.

Article 59A - Mental Retardation

15A.

IN THE EVENT THE MENTAL RETARDATION ADMINISTRATION
DETERMINES THAT ANY PERSON WHO HAS BEEN ADMITTED OR WHO IS
ELIGIBLE FOR ADMISSION TO A RESIDENTIAL FACILITY FOR
MENTALLY RETARDED PERSONS MAY BE MORE APPROPRIATELY SERVED
IN A RESIDENTIAL FACILITY FOR PERSONS HAVING MENTAL
DISORDERS, THE MENTAL RETARDATION ADMINISTRATION MAY REQUEST
THE MENTAL HYGIENE ADMINISTRATION TO ACCEPT A TRANSFER OF
THE PERSON TO AN APPROPRIATE FACILITY FOR PERSONS HAVING
MENTAL DISORDERS. THE MENTAL HYGIENE ADMINISTRATION SHALL
THEREUPON MAKE ITS OWN DETERMINATION AS TO THE
APPROPRIATENESS OF PLACEMENT IN A RESIDENTIAL FACILITY FOR
PERSONS HAVING MENTAL DISORDERS. THE RESOLUTION OF ANY
DISPUTE BETWEEN THE MENTAL RETARDATION ADMINISTRATION AND
THE MENTAL HYGIENE ADMINISTRATION AS TO A PROPOSED TRANSFER
SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
59, § 17A OF THE CODE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Passed over the Governor's veto, in the House of
Delegates on March 13, 1980, and in the Senate on March 18,
1980.