HARRY HUGHES, Governor

957

BY repealing and reenacting, with amendments,

Article - Health - General
Section 10-701(c) (a) and (c)
Annotated Code of Maryland
(1982 Volume and 1985 Supplement)

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) (1) In this subtitle ["facility"] THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(2) "FACILITY" does not include an acute general care
hospital that does not have a separately identified inpatient
psychiatric service.

(3) (I) "MENTAL ABUSE" MEANS ANY PERSISTENT COURSE OF
CONDUCT RESULTING IN OR MALICIOUSLY INTENDED TO PRODUCE EMOTIONAL
HARM.

(II) "MENTAL ABUSE" DOES NOT INCLUDE THE
PERFORMANCE OF AN ACCEPTED CLINICAL PROCEDURE.

(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; or

2. Used only to prevent serious
disruption to the therapeutic environment; and

(ii) 1. Ordered by a physician in writing; or