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Martin O'Malley, Governor
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Ch. 173
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certain privilege systems; establishing that certain individuals, guardians, and
persons may file certain complaints in certain courts; requiring that certain
complainants granted injunctive relief be awarded certain costs and attorney's
fees providing that a certain requirement does not prohibit a certain action:
requiring certain facilities to have a written policy specifying a certain method:
requiring certain facilities to ensure that certain staff are trained in the
method: and generally relating to patients rights in mental hygiene facilities.
BY repealing and reenacting, with amendments,
Article - Health - General
Section 10-701
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
BY adding to
Section 10-701.1
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
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10-701.
(a) (1) In this subtitle 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.
(b) It is the policy of this State that each mentally ill individual who receives
any service in a facility has, in addition to any other rights, the rights provided in this
subtitle.
(c) Each individual in a facility shall:
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- 1357 -
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