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LAWS OF MARYLAND

Ch. 21

"Release" § 10-801 "Facility" § 10-101
10-813. SAME -- TO MENTAL RETARDATION ADMINISTRATION.

(A)  "MENTAL RETARDATION FACILITY" DEFINED.

IN THIS SECTION, "MENTAL RETARDATION FACILITY" MEANS A
RESIDENTIAL PLACE FOR TREATMENT OF MENTALLY RETARDED
INDIVIDUALS.

(B)  REQUEST FOR TRANSFER.

THE MENTAL HYGIENE ADMINISTRATION MAY ASK THE MENTAL
RETARDATION ADMINISTRATION TO ACCEPT AN INDIVIDUAL IN OR
ELIGIBLE FOR ADMISSION TO A MENTAL HEALTH RESIDENTIAL
FACILITY, IF THE MENTAL HYGIENE ADMINISTRATION FINDS THAT
THE INDIVIDUAL WOULD BE PROVIDED FOR MORE APPROPRIATELY IN A
MENTAL RETARDATION FACILITY.

(C)  DETERMINATION OF MENTAL RETARDATION
ADMINISTRATION.

THE MENTAL RETARDATION ADMINISTRATION SHALL DETERMINE
WHETHER TRANSFER TO A MENTAL RETARDATION FACILITY IS
APPROPRIATE.

(D)  RESOLUTION OF CONFLICTS.

A DISPUTE OVER A TRANSFER OF AN INDIVIDUAL FROM THE
MENTAL HYGIENE ADMINISTRATION TO THE MENTAL RETARDATION
ADMINISTRATION SHALL BE RESOLVED, IN ACCORDANCE WITH
PROCEDURES THAT THE SECRETARY SETS, ON REQUEST OF:

(1)  THE MENTAL RETARDATION ADMINISTRATION;

(2)  THE MENTAL HYGIENE ADMINISTRATION; OR

(3)  THE GUARDIAN OR ANY OTHER PERSON WITH A
LEGITIMATE INTEREST IN THE INDIVIDUAL.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to avoid repetition.

Subsections (b), (c), and (d) of this section are
new language derived without substantive change
from former Article 59, § 17A.

Defined terms: "Facility" § 10-101
"Person" § 1-101 "Secretary" § 1-101

SUBTITLE 9. MISCELLANEOUS PROVISIONS.

PART I. COMMUNITY MENTAL HEALTH SERVICES.

10-901. DUTIES OF THE SECRETARY.