HARRY HUGHES, Governor

2765

AN ACT concerning

Mentally Retarded Persons - Bill of Rights

FOR the purpose of establishing the rights of mentally
retarded persons who receive any service in certain
programs or facilities of the Department of Health and
Mental Hygiene.

BY repealing and reenacting, with amendments,

Article 59A - Mental Retardation

Section 34

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be repealed, amended, or enacted to read as follows: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

34.

[(a) Every mentally retarded person in any facility
licensed by or under the jurisdiction of the Administration
shall at all reasonable times:]

(A) IT IS THE POLICY OF THIS STATE THAT EACH MENTALLY
RETARDED PERSON WHO RECEIVES ANY SERVICE IN A PROGRAM OR
FACILITY OPERATED BY, LICENSED BY, OR FULLY OR PARTIALLY
FUNDED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR
THE PURPOSES OF CARE OR TRAINING OF MENTALLY RETARDED
PERSONS HAS, IN ADDITION TO ANY OTHER RIGHTS, THE FOLLOWING
BASIC RIGHTS:

(1)  THE RIGHT TO BE TREATED WITH COURTESY,
RESPECT, AND FULL RECOGNITION OF THEIR HUMAN DIGNITY AND
INDIVIDUALITY;

(2)  THE RIGHT TO RECEIVE CARE, TREATMENT, AND
SERVICES IN THE LEAST RESTRICTIVE AVAILABLE ENVIRONMENT
WHICH IS ADEQUATE, APPROPRIATE, AND IN COMPLIANCE WITH
RELEVANT FEDERAL AND STATE LAWS AND REGULATIONS;

(3)  THE RIGHT TO BE FEB FREE FROM MENTAL AND
PHYSICAL ABUSE;

(4)  THE RIGHT TO BE FREE FROM PHYSICAL AND
CHEMICAL RESTRAINTS, EXCEPT THAT MINIMAL RESTRAINTS
AUTHORIZED IN WRITING BY A PHYSICIAN ACCORDING TO CLEAR AND
INDICATED MEDICAL NEED MUST BE MADE PART OF THE MENTALLY
RETARDED PERSON'S PERMANENT RECORD;

(5)  THE RIGHT TO RECEIVE RESPECT AND PRIVACY IN
INDIVIDUALLY DEVELOPED PROGRAMS.