3170

LAWS OF MARYLAND

Ch. 695

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

10-701.

(a) In this subtitle "facility" does not include an acute
general care hospital that does not have a separately identified
inpatient psychiatric service.

(c) Each individual in a facility shall:

(1)  Receive appropriate humane treatment and services
in a manner that restricts the individual's personal liberty
within a facility only to the extent necessary and consistent
with the individual's treatment needs and applicable legal
requirements;

(2)  Receive treatment in accordance with the
applicable individualized plan of rehabilitation or the
individualized treatment plan provided for in § 10-706 of this
subtitle;

(3)  Be free from restraints or LOCKED DOOR seclusions
except for restraints or LOCKED DOOR seclusions that are:

(i) 1. Used only during an emergency where the
individual presents a danger to the life or safety of the
individual or of others; [and] OR

2. USED ONLY TO PREVENT SERIOUS
DISRUPTION TO THE THERAPEUTIC ENVIRONMENT; AND

(II) 1. ORDERED BY A PHYSICIAN IN WRITING; OR

[(ii)] 2. Directed by a registered nurse if a
physician's order is obtained within 2 hours of the action[; or

(iii) Ordered by a physician in writing as part
of a mode or course of treatment]; AND

(4)  Be protected from harm or abuse as provided in
this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.