HARRY HUGHES, Governor

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to be no intent to cover an involuntary admission
under a provision of law other than this
subtitle, such as a commitment under Title 12 of
this article, which provides for incompetence and
insanity determinations based on mental
retardation. There also appeared to be no intent
to create a distinction between "voluntary" and
"involuntary" admissions under this subtitle,
since the term "involuntary admission" did not
appear in former Article 59A.

Defined terms: "Admission" § 7-101
"Department" § 1-101

GENERAL REVISOR'S NOTE TO SUBTITLE:

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the admission
provisions in former Article 59A, §§ 10 and 11 were
ambiguous.

Before enactment of Ch. 632, Acts of 1981, former
Article 59A, § 10 applied to admissions to a "public
facility within the jurisdiction of the Administration" —
i.e., those facilities now covered by the new defined term
"State facility". Former Article 59A, § 11 applied to
admissions to a "private facility".

As introduced, Ch. 632, Acts of 1981, proposed the
consolidation of former Article 59A, §§ 10 and 11 in a new §
10 that would have covered any "facility within the
jurisdiction of the Administration." It was clearly the
intent of that measure, as introduced, to provide for one
admission procedure, by application to the Director, for
admission to any facility, whether a State facility or a
private facility.

However, the measure was amended to strike all
references to Article 59A, § 11 from the title and body of
the bill. As a result of these amendments, former Article
59A, §§ 10 and 11 contain 2 admission procedures.

The phrase in former Article 59A, § 10(a), as amended
by Ch. 632, Acts of 1981 -- "facility within the
jurisdiction of the Administration" -- could be read to
encompass every facility over which the Administration
exercises control through licensing or to mean only State
facilities.

The broad interpretation would result in separate,
inconsistent procedures for admission to a private facility
-- i.e., an application to the Director for admission under
former Article 59A, § 10 and an application directly to the
private facility under former Article 59A, § 11.