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Ch. 405
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1310
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LAWS OF MARYLAND
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(IV) WHEN THERAPEUTICALLY APPROPRIATE, ANY
OTHER AVAILABLE ALTERNATIVE TREATMENTS, SERVICES, OR PROVIDERS OF
MENTAL HEALTH SERVICES.
(D) AN INDIVIDUAL IN A FACILITY MAY ELECT TO REFUSE A MODE
OR COURSE OF TREATMENT EXCEPT:
(1) WHEN TREATMENT IS PROVIDED DURING AN EMERGENCY
UNDER AN ORDER OF A PHYSICIAN; OR
(2) IN CIRCUMSTANCES SET FORTH IN RULES OR
REGULATIONS ADOPTED BY THE SECRETARY.
10-708.
(A) AN INDIVIDUAL IN A FACILITY MAY ELECT TO REFUSE A MODE
OR COURSE OF TREATMENT EXCEPT:
(1) WHEN TREATMENT IS PROVIDED DURING AN EMERGENCY
UNDER AN ORDER OF A PHYSICIAN OR PSYCHOLGIST; OR
(2) WHEN TREATMENT IS APPROVED BY A CLINICAL REVIEW
PANEL AS DEFINED IN SUBSECTION (D)(2).
(B) WHEN THERAPEUTICALLY APPROPRIATE, ALL EFFORTS SHALL BE
MADE TO TRY ALTERNATIVE MODES OR COURSES OF TREATMENT. ALL SUCH
EFFORTS SHALL BE DOCUMENTED.
(C)(1) IF A PHYSICIAN OR PSYCHOLOGIST DETERMINES THAT AN
EMERGENCY EXISTS, TREATMENT MAY BE INITIATED FOR UP TO 72 HOURS.
(2) IF THE PHYSICIAN OR PSYCHOLOGIST BELIEVES THAT
THE EMERGENCY WILL PERSIST BEYOND THE INITIAL 72 HOURS, THE
PHYSICIAN OR PSYCHOLOGIST SHALL RECEIVE THE CONCURRENCE OF THE
CLINICAL DIRECTOR OR THE DIRECTOR'S DESIGNEE BEFORE CONTINUING
THE TREATMENT.
(3) THE CLINICAL DIRECTOR OR THE DIRECTOR'S DESIGNEE
SHALL EXAMINE THE PATIENT AND DOCUMENT THE DIRECTOR'S OR THE
DIRECTOR'S DESIGNEE'S FINDING IN THE INDIVIDUAL'S RECORDS.
(4) THE PROCEDURE PROVIDED IN THIS SUBSECTION SHALL
BE REPEATED EVERY 72 HOURS IF:
(I) THE PHYSICIAN OR PSYCHOLOGIST BELIEVES THAT
THE EMERGENCY IS CONTINUING, AND
(II) THE INDIVIDUAL STILL REFUSES THE MODE OR
COURSE OF TREATMENT.
(D)(1) IN NONEMERGENCY SITUATIONS, THE CLINICAL DIRECTOR
OR THE DIRECTOR'S DESIGNEE SHALL APPOINT A CLINICAL REVIEW PANEL
TO REVIEW THE INDIVIDUAL'S REFUSAL TO A MODE OR COURSE OF
TREATMENT.
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