HARRY HUGHES, Governor

5309

Article - Health - General
10-633.

(A)  ANY INDIVIDUAL PROPOSED FOR INVOLUNTARY ADMISSION
UNDER THIS TITLE SHALL BE AFFORDED A HEARING TO DETERMINE
WHETHER THE INDIVIDUAL IS TO BE ADMITTED TO A FACILITY AS AN
INVOLUNTARY PATIENT OR RELEASED WITHOUT BEING ADMITTED.

(B)  THE HEARING SHALL BE CONDUCTED WITHIN 5 WORKING
DAYS OF THE DATE OF THE INITIAL CONFINEMENT OF THE
INDIVIDUAL.

(C)  THE HEARING MAY BE POSTPONED FOR GOOD CAUSE, BUT
IN ANY EVENT, THE HEARING SHALL BE CONDUCTED AND A DECISION
MADE WITHIN 10 DAYS AFTER THE DATE OF THE INDIVIDUAL'S
INITIAL CONFINEMENT.

(D)  THE SECRETARY SHALL:

(1)  ADOPT RULES AND REGULATIONS ON HEARING
PROCEDURES; AND

(2)  DESIGNATE AN IMPARTIAL HEARING OFFICER TO
CONDUCT THE HEARINGS.

(E)  THE HEARING OFFICER SHALL:

(1)  CONSIDER ALL THE EVIDENCE AND TESTIMONY OF
RECORD; AND

(2)  ORDER THE RELEASE OF THE INDIVIDUAL FROM THE
FACILITY UNLESS THE RECORD DEMONSTRATES BY CLEAR AND
CONVINCING EVIDENCE THAT AT THE TIME OF THE HEARING EACH OF
THE FOLLOWING ELEMENTS EXIST AS TO THE INDIVIDUAL WHOSE
INVOLUNTARY ADMISSION IS SOUGHT:

(I)  THE INDIVIDUAL HAS A MENTAL DISORDER;

(II)  THE INDIVIDUAL NEEDS IN-PATIENT CARE
OR TREATMENT;

(III)  THE INDIVIDUAL PRESENTS A DANGER TO
THE LIFE OR SAFETY OF THE INDIVIDUAL OR OF OTHERS;

(IV)  THE INDIVIDUAL IS UNABLE OR UNWILLING
TO BE VOLUNTARILY ADMITTED TO THE FACILITY;

(V)  THERE IS NO AVAILABLE LESS RESTRICTIVE
FORM OF INTERVENTION THAT IS CONSISTENT WITH THE WELFARE AND
SAFETY OF THE INDIVIDUAL; AND

(VI)  IF THE INDIVIDUAL IS 65 YEARS OLD OR
OLDER, THE INDIVIDUAL HAS BEEN EVALUATED BY A GERIATRIC