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Session Laws, 1989
Volume 771, Page 4264   View pdf image
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Ch. 782

LAWS OF MARYLAND

(3) EXCEPT DURING THE FIRST 72 HOURS AFTER

COMMITMENT, THE DIRECTOR OR A DESIGNEE OF THE DIRECTOR MAY

TERMINATE THE COMMITMENT IF THE DIRECTOR OR THE DESIGNEE
DETERMINES THAT:

(I)  CONTINUED COMMITMENT IS NOT IN THE BEST
INTEREST OF THE INDIVIDUAL; OR

(II)  THE INDIVIDUAL IS NO LONGER AMENABLE TO
TREATMENT.

(I) WHEN AN INDIVIDUAL IS TO  BE RELEASED FROM A COMMITMENT

UNDER THIS SECTION, THE DIRECTOR OR  THE DIRECTOR'S DESIGNEE SHALL

CONSULT WITH THE COURT TO DETERMINE   IF THE INDIVIDUAL IS TO BE
RETURNED TO THE COURT.

(J) IN THE EVENT AN INDIVIDUAL COMMITTED UNDER THIS SECTION
LEAVES A TREATMENT FACILITY WITHOUT AUTHORIZATION, THE
RESPONSIBILITY OF THE DEPARTMENT IS LIMITED TO THE NOTIFICATION
OF THE COURT THAT COMMITTED THE INDIVIDUAL AS SOON AS IT IS
REASONABLY POSSIBLE.

(K) NOTHING IN THIS SECTION IMPOSES ANY OBLIGATION ON THE
ADMINISTRATION:

(1)  TO TREAT ANY DEFENDANT WHO KNOWINGLY AND
WILLFULLY DECLINES TO CONSENT TO FURTHER TREATMENT; OR

(2)  IN REPORTING TO THE COURT UNDER THIS SECTION, TO
INCLUDE AN ASSESSMENT OF A DEFENDANT'S DANGEROUSNESS TO ONE'S
SELF, TO ANOTHER INDIVIDUAL, OR TO THE PROPERTY OF ANOTHER
INDIVIDUAL BY VIRTUE OF A DRUG OR ALCOHOL PROBLEM.

(L) ANY TIME SERVED BY A CRIMINAL DEFENDANT HELP FOR
EVALUATION OR COMMITTED FOR TREATMENT SHALL BE CREDITED AGAINST
THE SENTENCE IMPOSED BY THE COURT

Subtitle [8] 6. Privileged Information

[8-801] 8-601.

(a) If an individual seeks counseling, treatment, or
therapy, for any form of drug or alcohol abuse, from a physician,
psychologist HEALTH PROFESSIONAL LICENSED UNDER THE HEALTH
OCCUPATIONS ARTICLE TREATING PATIENTS WITHIN THE SCOPE OF THE
PROFESSIONAL'S PRACTICE, or hospital, or a person who is
certified by the Administration for counseling or treating drug
or alcohol abuse, the oral or written statements that the
individual makes and the observations and conclusions that the
physician, psychologist HEALTH PROFESSIONAL, hospital, or other
person derives or the results of an examination to determine the
existence of an illegal or prohibited drug in the body of an
individual are not admissible in any proceeding against the

- 4264 -

 

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Session Laws, 1989
Volume 771, Page 4264   View pdf image
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