HARRY HUGHES, Governor

517

REVISOR'S NOTE: This subsection formerly appeared as
Article 59, § 3(e).

The only changes are in style.

Defined terms: "Includes"/"including" § 1-101
"Mental disorder" § 10-101 "Treatment" § 10-101

(F) MENTAL DISORDER.

(1)  "MENTAL DISORDER" MEANS:

(I)  A MENTAL ILLNESS THAT SO SUBSTANTIALLY
IMPAIRS THE MENTAL OR EMOTIONAL FUNCTIONING OF AN INDIVIDUAL
AS TO MAKE CARE OR TREATMENT NECESSARY OR ADVISABLE FOR THE
WELFARE OF THE INDIVIDUAL OR FOR THE SAFETY OF THE PERSON OR
PROPERTY OF ANOTHER; OR

(II)  ANY OTHER BEHAVIORAL OR EMOTIONAL
ILLNESS THAT RESULTS FROM A PSYCHIATRIC OR NEUROLOGICAL
DISORDER.

(2)  "MENTAL DISORDER" DOES NOT INCLUDE MENTAL
RETARDATION.

REVISOR'S NOTE: Paragraph (1) of this subsection is new
language that combines, without substantive
change, the first sentence of former Article 59,
§ 3(f) and the first sentence of (g).

Paragraph (2) of this subsection is new language
derived without substantive change from the first
clause of the second sentence of former Article
59, § 3(f).

In this subsection, the former, separate
definitions of the terms "mental disorder" and
"mental illness" are merged into a definition of
"mental disorder", because the former definitions
were circular -- i.e., "'{m}ental disorder'
means mental illness" and "'{m}ental illness'
means any mental disorder".

Also the term "mental illness" and its
derivatives appeared only in the statement of
policy in former Article 59, § 2, in the
definition of "mental disorder" in former Article
59, § 3(f), and in the private group homes
provisions in former Article 59, §§ 58, 59, 60,
and 62. In §, 10-102 of this subtitle, which is
derived from former Article 59, § 2, the term
"mental disorder" is substituted for "mental
illness" to conform to the broad scope of the
balance of this title. In paragraph (l)(i) of
this subsection -- and in § 12-101 of this