586

LAWS OF MARYLAND

Ch. 21

obsolete, subsection (a) of this section is
revised to authorize the Secretary to adopt, by
rule or regulation; a modern form that includes
the substance of former Article 59, § 12(d)(1).

Defined terms: "Admission" § 10-101
"Facility" § 10-101 "Psychologist" § 10-601
"Mental disorder" § 10-101 "Secretary" § 1-101
"Includes"/"including" § 1-101 "Treatment" § 10-601
"Involuntary admission" § 10-613
"Physician" §§ 1-101 & 10-601

10-617. ADMISSION LIMITATIONS.

(A)   IN GENERAL.

A FACILITY OR VETERANS' ADMINISTRATION HOSPITAL MAY NOT
ADMIT THE INDIVIDUAL UNDER PART III OF THIS SUBTITLE UNLESS:

(1)  THE INDIVIDUAL HAS A MENTAL DISORDER;

(2)  THE INDIVIDUAL NEEDS IN RESIDENCE INPATIENT
MEDICAL CARE OR TREATMENT FOR THE PROTECTION OF THE
INDIVIDUAL OR ANOTHER;

(3)  THE INDIVIDUAL IS UNABLE OR UNWILLING TO BE
ADMITTED VOLUNTARILY; AND

(4)  THERE IS NO AVAILABLE, LESS RESTRICTIVE FORM
OF INTERVENTION THAT IS CONSISTENT WITH THE WELFARE AND
SAFETY OF THE INDIVIDUAL.

(B)   INDIVIDUALS 65 OR OLDER.

(1)   IN ADDITION TO THE LIMITATIONS IN SUBSECTION
(A) OF THIS SECTION, A FACILITY MAY NOT ADMIT AN INDIVIDUAL
WHO IS 65 YEARS OLD OR OLDER UNLESS A GERIATRIC EVALUATION
TEAM DETERMINES THAT THERE IS NO AVAILABLE, LESS RESTRICTIVE
FORM OF CARE OR TREATMENT THAT IS ADEQUATE FOR THE NEEDS OF
THE INDIVIDUAL.

(2)   IF ADMISSION IS DENIED BECAUSE OF THE
DETERMINATION OF THE GERIATRIC EVALUATION TEAM, THE TEAM

SHALL:

(I)   INFORM THE APPLICANT; AND

(II)  HELP THE APPLICANT OBTAIN THE LESS
RESTRICTIVE FORM OF CARE OR TREATMENT THAT THE TEAM FINDS
WOULD BE ADEQUATE FOR THE NEEDS OF THE INDIVIDUAL.

REVISOR'S NOTE: This section is new language      derived

without substantive change from former Article

59, § 12(a)(1) and (2)(iii) and the second

sentence of (ii) and the first sentence   of (b).