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ROBERT L. EHRLICH, JR., Governor
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H.B. 1286
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and adolescents with severe and chronic emotional disturbances who require a
self-contained therapeutic, educational, and recreational program in a residential
setting.
19-305.
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "ADVERSE EVENT" MEANS AN UNEXPECTED OCCURRENCE THAT:
(I) IS RELATED TO A RESIDENT'S MEDICAL OR BEHAVIORAL
TREATMENT; AND
(II) IS NOT RELATED TO THE NATURAL COURSE OF THE RESIDENT'S
ILLNESS OR UNDERLYING DISEASE CONDITION.
(3) "CHANGE IN CONDITION" MEANS A SIGNIFICANT CHANGE IN A
RESIDENT'S PHYSICAL, MENTAL, OR PSYCHOLOGICAL STATUS INCLUDING:
(1) (I) LIFE-THREATENING CONDITIONS;
(2) (II) CLINICAL COMPLICATIONS INCLUDING THE ONSET OF:
(I) AGGRESSIVE OR INAPPROPRIATE BEHAVIOR; OR
(II) SIGNIFICANT SOMATIC SYMPTOMS THAT REQUIRE THE
ASSESSMENT OF OR TREATMENT BY QUALIFIED MEDICAL PERSONNEL;
(3) (III) THE NEED TO DISCONTINUE A MEDICATION OR TREATMENT
BECAUSE OF:
(I) 1. ADVERSE CONSEQUENCES; OR
(II) 2, THE NEED TO BEGIN A NEW FORM OF TREATMENT;
(4) (IV) EVALUATION AT OR ADMISSION TO A HOSPITAL;
(5) (V) ACCIDENTS THAT RESULT IN INJURY HAVING THE POTENTIAL
FOR REQUIRING A PHYSICIAN'S INTERVENTION; AND INJURIES THAT REQUIRE THE
ASSESSMENT OF OR TREATMENT BY QUALIFIED MEDICAL PERSONNEL;
(6) (VI) THE USE OF RESTRAINT OR SECLUSION; AND
(VII) SUICIDE ATTEMPTS.
(B) (1) WITHIN 24 HOURS, IN ACCORDANCE WITH STATE AND FEDERAL
CONFIDENTIALITY LAWS, A RESIDENTIAL TREATMENT CENTER SHALL ATTEMPT TO
NOTIFY A RESIDENT AND A RESIDENT'S REPRESENTATIVE, FAMILY MEMBER, LEGAL
GUARDIAN, OR CUSTODIAN OF:
(1) (I) A CHANGE IN CONDITION;
(2) (II) AN ADVERSE EVENT THAT MAY RESULT IN A CHANGE IN
CONDITION; AND
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