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Session Laws, 1988
Volume 770, Page 3265   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 452

(2) It is the policy of this State that, in addition
to any other rights, each resident of a facility has the
following basic rights:

(i) The right to be treated with consideration,
respect, and full recognition of human dignity and individuality;

(ii) The right to receive treatment, care, and
services that are adequate, appropriate, and in compliance with
relevant State and federal laws, rules, and regulations;

(iii) The right to privacy;

(iv) The right to be free from mental and
physical abuse;

(v) The right to be free from physical and
chemical restraints, except for restraints that a physician
authorizes for a clearly indicated medical need;

(vi) The right to receive respect and privacy
in a medical care program; and

(vii) The right to manage personal financial
affairs.

19-344.

(a)  To carry out the policy set forth in § 19-343 of this
subtitle, the following procedures are required for all services
provided to a resident of a facility.

(b)  (1) A FACILITY MAY NOT REQUIRE OR SOLICIT, AS A
CONDITION OF ADMISSION INTO THE FACILITY, THE SIGNATURE OF
ANOTHER PERSON, OTHER THAN THE APPLICANT, ON THE APPLICATION OR
CONTRACT FOR ADMISSION TO THE FACILITY, UNLESS:

(I)  THE APPLICANT IS ADJUDICATED DISABLED UNDER
TITLE 13, SUBTITLE 7 OF THE ESTATES AND TRUSTS ARTICLE OF THE
ANNOTATED COPE OF MARYLAND
; OR

(II) 1. THE APPLICANT'S PHYSICIAN DETERMINES
THAT THE APPLICANT IS INCAPABLE OF UNDERSTANDING OR EXERCISING
THE APPLICANT'S RIGHTS AND RESPONSIBILITIES; AND

2. THE APPLICANT'S PHYSICIAN RECORDS, IN
THE APPLICANT'S FACILITY RECORD, THE SPECIFIC REASONS FOR THE
DETERMINATION.

(2) If, in addition to the signature of an applicant,
a facility requires the signature of another person on the
application or contract for admission to the facility IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (1) OF THIS

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Session Laws, 1988
Volume 770, Page 3265   View pdf image
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