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1304 LAWS OF MARYLAND Ch. 405
Article - Health - General
10-101.
(e) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS
TITLE, "Facility" means any public or private clinic, hospital,
or other institution that provides or purports to provide
treatment or other services for individuals who have mental
disorders.
(2) "Facility" does not include a Veterans'
Administration hospital OR AN ACUTE GENERAL CARE HOSPITAL THAT
DOES NOT HAVE A SEPARATELY IDENTIFIED INPATIENT PSYCHIATRIC
SERVICE.
Subtitle 7. Rights of MENTALLY ILL
Individuals in Facilities
10-701.
(A) IN THIS SUBTITLE "FACILITY" DOES NOT INCLUDE AN ACUTE
GENERAL CARE HOSPITAL THAT DOES NOT HAVE A SEPARATELY IDENTIFIED
INPATIENT PSYCHIATRIC SERVICE.
(A) (B) IT IS THE POLICY OF THIS STATE THAT EACH MENTALLY
ILL INDIVIDUAL WHO RECEIVES ANY SERVICE IN A FACILITY HAS, IN
ADDITION TO ANY OTHER RIGHTS, THE RIGHTS PROVIDED IN THIS
SUBTITLE.
(B) (C) EACH INDIVIDUAL IN A FACILITY SHALL:
(1) RECEIVE APPROPRIATE HUMANE TREATMENT AND SERVICES
IN A MANNER THAT RESTRICTS THE INDIVIDUAL'S PERSONAL LIBERTY IN A
FACILITY ONLY TO THE EXTENT NECESSARY AND CONSISTENT WITH THE
INDIVIDUAL'S TREATMENT NEEDS AND APPLICABLE LEGAL REQUIREMENTS;
(2) RECEIVE TREATMENT IN ACCORDANCE WITH THE
INDIVIDUALIZED TREATMENT PLAN PROVIDED FOR IN § 10-707 OF THIS
SUBTITLE;
(3) BE FREE FROM NONTHERAPEUTIC PHYSICAL OR CHEMICAL
RESTRAINTS OR SECLUSION EXCEPT FOR RESTRAINTS OR SECLUSIONS THAT
ARE:
(I) USED ONLY DURING AN EMERGENCY WHERE THE
INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF THE
INDIVIDUAL OR OF OTHERS; AND
(II) ORDERED BY A PHYSICIAN VERBALLY OR IN
WRITING AS PART OF A MODE OR COURSE OF TREATMENT; OR
(III) ADMINISTERED BY A REGISTERED NURSE IF A
PHYSICIAN'S ORDER IS OBTAINED WITHIN 2 HOURS OF THE ACTION.
(3) BE FREE FROM RESTRAINTS OR SECLUSIONS EXCEPT FOR
RESTRAINTS OR SECLUSIONS THAT ARE:
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