HARRY HUGHES, Governor                               2349

person is made to those persons and the mentally
retarded person's consent to review the medical records
cannot be obtained; and clarifying language.

BY repealing and reenacting, with amendments,

Article 59A - Mental Retardation

Section 17(e)

Annotated Code of Maryland

(1979 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 59A - Mental Retardation

17.

(e) For the purposes of this section the following
persons may act on behalf of and be treated by a facility as
the authorized representative of a mentally retarded person:

(1)  The parent or legal guardian of a person
under age eighteen, or the parent or legal guardian of an
adult person residing in a facility unless the adult person
requests that his parents or legal guardian not be allowed
to act on his behalf; [or]

(2)  IF THE MENTALLY RETARDED PERSON IS A CLIENT
OF THE MARYLAND ADVOCACY UNIT FOR THE DEVELOPMENTALLY
DISABLED, INC., THE EXECUTIVE DIRECTOR OF THE ADVOCACY UNIT
OR A DESIGNEE OF THAT EXECUTIVE DIRECTOR; OR

(3) Any attorney or other individual authorized
by the person or by individuals authorized to act on his
behalf under [subsections (e) (1) or (e) (2)] THIS
SUBSECTION; OR

(3)  THE EXECUTIVE DIRECTOR OF THE MARYLAND
ADVOCACY UNIT FOR THE DEVELOPMENTALLY DISABLED ANY ENTITY
DESIGNATED BY THE STATE TO PROVIDE PROTECTION AND ADVOCACY
SERVICES PURSUANT TO THE REQUIREMENTS OF LAW, OR A DESIGNEE
OF THE EXECUTIVE DIRECTOR, IF A REQUEST FOR INVESTIGATION IS
RECEIVED BY THE ADVOCACY UNIT THAT ENTITY REGARDING A
MENTALLY RETARDED PERSON FOR WHOM CONSENT IS NOT OBTAINABLE
THERE IS NO PERSON QUALIFIED PURSUANT TO PARAGRAPH (1) OR
(2) OF THIS SUBSECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.