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Ch. 129
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680
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LAWS OF MARYLAND
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(1) The right to be treated with courtesy, respect,
and full recognition of human dignity and individuality;
(2) The right to receive treatment and services in
the least restrictive environment that is available, adequate,
appropriate, and in compliance with relevant laws, rules, and
regulations;
(3) The right to be free from mental and physical
abuse;
(4) The right to be free from [physical and] chemical
restraints, except for minimal restraints that a physician
authorizes, in writing, for a clearly indicated medical need and
makes a permanent part of the individual's record; [and]
(5) THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINTS
EXCEPT FOR MINIMAL RESTRAINTS THAT ARE AUTHORIZED IN WRITING AND
MADE A PERMANENT PART OF THE RECORD BY A PHYSICIAN OR QUALIFIED
MENTAL RETARDATION PROFESSIONAL AND WHICH ARE CLEARLY INDICATED
FOR THE PROTECTION OF THE MENTALLY RETARDED INDIVIDUAL OR OTHERS;
AND
[(5)] (6) The right to receive respect and privacy in
an individually developed program.
(C) A PHYSICIAN OR QUALIFIED MENTAL RETARDATION
PROFESSIONAL MAY NOT ORDER PHYSICAL RESTRAINTS AS AUTHORIZED BY
PARAGRAPH (B)(5) OF THIS SECTION FOR MORE THAN 24 HOURS UNLESS
THE ORDER IS REVIEWED BY A COMPREHENSIVE EVALUATION TEAM, AS
DEFINED IN SUBSECTION 7-104(B) OF THIS TITLE.
[(b)] (C) (D) Each facility shall:
(1) Post, conspicuously in a public place, the policy
stated in this section;
(2) Give a copy of the policy:
(i) On admittance, to the individual;
(ii) To the guardian, next of kin, or
sponsoring agency of the individual; and
(iii) To a representative payee of the
individual;
(3) Keep a receipt for the copy that is signed by the
person who received the copy; and
(4) Provide appropriate staff training to carry out
the policy.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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