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HARRY HUGHES, Governor 607
(c) The hearing may be postponed for good cause, but in any
event, the hearing shall be conducted and a decision made within
10 days after the date of the individual's initial confinement.
(d) The Secretary shall:
(1) Adopt rules and regulations on hearing
procedures; and
(2) Designate an impartial hearing officer to conduct
the hearings.
(e) The hearing officer shall:
(1) Consider all the evidence and testimony of
record; and
(2) Order the release of the individual from the
facility unless the record demonstrates by clear and convincing
evidence that at the time of the hearing each of the following
elements exist as to the individual whose involuntary admission
is sought:
(i) The individual has a mental disorder;
(ii) The individual needs in-patient care or
treatment;
(iii) The individual presents a danger to the
life or safety of the individual or of others;
(iv) The individual is unable or unwilling to
be voluntarily admitted to the facility;
(v) There is no available less restrictive form
of intervention that is consistent with the welfare and safety of
the individual; and
(vi) If the individual is 65 years old or older
AND IS TO BE ADMITTED TO A STATE FACILITY, the individual has
been evaluated by a geriatric evaluation team and no less
restrictive form of care or treatment was determined by the team
to be appropriate.
(f) The parent, guardian, or next of kin of an individual
involuntarily admitted under this subtitle:
(1) Shall be given notice of the hearing on the
admission; and
(2) May testify at the hearing.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for the
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