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604
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LAWS OF MARYLAND Ch. 90
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Preamble
WHEREAS, Chapter 821 of the Laws of 1978 expanded the 1977
law relating to the creation of geriatric evaluation units and
the admission of elderly persons to mental health facilities; and
WHEREAS, Chapter 821, in part, amended Article 59, Sections
11 and 12 of the Annotated Code, providing that voluntary or
involuntary admissions to any "public hospital or facility" could
be made only after the person to be admitted had been evaluated
by a geriatric evaluation unit; and
WHEREAS, The phrase "public hospital or facility" is unclear
on its face because the adjective "public" may or may not modify
"facility"; and
WHEREAS, When the Health - General Article was prepared, it
incorporated as Title 10 the provisions of Article 59 (Mental
Hygiene); and
WHEREAS, When certain provisions relating to geriatric
evaluations were recast and recodified in Sections 10-603,
10-609, and 10-617 of the new Health - General Article, the phrase
"public hospital or facility" of the old law (Article 59) was
construed by the Commission to Revise the Annotated Code to mean
"public hospital or public or private facility"; in other words
the Commission felt that the adjective "public" did not modify
"facility". Consequently, only the term "facility", as it
appears in Sections 10-603, 10-609, and 10-617 was used, that
term being defined in Section 10-101(e) of Title 10 as including
any public or private hospital, clinic, or other institution; and
WHEREAS, The legislative history of Chapter 821 of 1978
seems to indicate that it was the legislature's intention to
exempt private facilities from geriatric evaluation requirements;
and
WHEREAS, It is the purpose of this Act to clarify that
Sections 10-603, 10-609, 10-617, and 10-632 of the Health -
General Article do not require private mental hygiene facilities
to conduct geriatric evaluations; now, therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
10-603.
(a) This section does not apply to an individual who is:
(1) Transferred from a facility of another state to a
State facility under the Interstate Compact on Mental Health; or
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