HARRY HUGHES, Governor

585

(1)  A CERTIFICATE FOR INVOLUNTARY ADMISSION OF
AN INDIVIDUAL UNDER PART III OF THIS SUBTITLE SHALL:

(I)  BE BASED ON THE PERSONAL EXAMINATION
OF THE PHYSICIAN OR PSYCHOLOGIST WHO SIGNS THE CERTIFICATE;
AND

(II)  BE IN THE FORM THAT THE SECRETARY
ADOPTS, BY RULE OR REGULATION.

(2)  THE RULES AND REGULATIONS SHALL REQUIRE THE
FORM TO INCLUDE:

(I)  A DIAGNOSIS OF A MENTAL DISORDER OF
THE INDIVIDUAL;

(II)  AN OPINION THAT THE INDIVIDUAL NEEDS
IN RESIDENCE INPATIENT CARE OR TREATMENT; AND

(III)  AN OPINION THAT ADMISSION TO A
FACILITY OR VETERANS' ADMINISTRATION HOSPITAL IS NEEDED FOR
THE PROTECTION OF THE INDIVIDUAL OR ANOTHER.

(B)  TIME LIMITATIONS.

A CERTIFICATE MAY NOT BE USED FOR ADMISSION IF THE
EXAMINATION ON WHICH THE CERTIFICATE IS MADE WAS DONE:

(1)  MORE THAN 1 WEEK BEFORE THE CERTIFICATE IS
SIGNED; OR

(2)  MORE THAN 30 DAYS BEFORE THE FACILITY OR THE
VETERANS' ADMINISTRATION HOSPITAL RECEIVES THE APPLICATION
FOR ADMISSION.

(C)  LIMITATIONS ON PRACTITIONERS.

A CERTIFICATE MAY NOT BE USED FOR AN ADMISSION IF THE
PHYSICIAN OR PSYCHOLOGIST WHO SIGNED THE CERTIFICATE:

(1)  HAS A FINANCIAL INTEREST, THROUGH OWNERSHIP
OR COMPENSATION, IN A PRIVATE PROPRIETARY FACILITY AND
ADMISSION TO THAT PRIVATE PROPRIETARY FACILITY IS SOUGHT FOR
THE INDIVIDUAL WHOSE STATUS IS BEING CERTIFIED; OR

(2)  IS RELATED, BY BLOOD OR MARRIAGE, TO THE
INDIVIDUAL OR TO THE APPLICANT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 12(d).

Former Article 59, § 12(d)(1) contained a
verbatim certification form. Since that form is