604

LAWS OF MARYLAND

Ch. 21

ARISING OUT OF A REPORT UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 52A(a)(l) and (2), (b), (c), and (d).

In subsection (a)(2) of this section, the defined
term "physician" is substituted for the ambiguous
reference to a "licensed physician".

In subsections (b)(1) and (d) of this section,
the term "administrative head" is substituted for
references to "superintendent", to standardize
the references to this type of position.

Former Article 59, § 52A(a)(3), which defined
"mental health facility", is deleted as
unnecessary in light of the definition of
"facility".

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that the phrase "{e}xcept for the abuser", in
subsection (e) of this section, is unnecessary
since its deletion would not create any
meaningful immunity. The Commission suggests
that subsection (e) be clarified if the exception
was intended to state that subsection (e) may not
result in a grant of immunity for the abuser who
makes a report or otherwise participates.

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

10-705. TREATMENT PLAN.

(A)  PLAN REQUIRED.

A FACILITY SHALL MAKE AND PERIODICALLY UPDATE A WRITTEN
PLAN OF TREATMENT FOR EACH INDIVIDUAL IN THE FACILITY, IN
ACCORDANCE WITH RULES AND REGULATIONS THAT THE DIRECTOR
ADOPTS.

(B)  RULES AND REGULATIONS.

(1)  THE DIRECTOR SHALL ADOPT APPROPRIATE RULES
AND REGULATIONS TO CARRY OUT THE INTENT OF THIS SECTION IN
ACCORDANCE WITH CURRENT HOSPITAL PROFESSIONAL PRACTICES.

(2)  THE RULES AND REGULATIONS SHALL INCLUDE:

(I) A DESCRIPTION OF THE NATURE AND

CONTENT OF PLANS OF TREATMENT; AND