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Session Laws, 2007
Volume 803, Page 1359   View pdf image
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Martin O'Malley, Governor Ch. 173
(D) NOTHING IN SUBSECTION (C)(4) OF THIS SECTION SHALL PROHIBIT STAFF FROM USING A TECHNIQUE FOR TRANSITIONING THE INDIVIDUAL TO A
RESTRAINT POSITION THAT INVOLVES MOMENTARILY: (1) PLACING AN INDIVIDUAL FACE DOWN; OR (2) OBSTRUCTING THE VIEW OF AN INDIVIDUAL'S FACE.
(E) A FACILITY SHALL: (1) HAVE A WRITTEN POLICY SPECIFYING THE METHOD USED TO
ENSURE THAT AN INDIVIDUAL WHOSE PRIMARY LANGUAGE OR METHOD OF
COMMUNICATION IS NONVERBAL IS ABLE TO EFFECTIVELY COMMUNICATE
DISTRESS DURING A PHYSICAL RESTRAINT OR HOLD; AND (2) ENSURE THAT ALL STAFF AT THE FACILITY WHO ARE
AUTHORIZED TO PARTICIPATE IN A PHYSICAL RESTRAINT OR HOLD OF
INDIVIDUALS ARE TRAINED IN THE METHOD SPECIFIED IN THE WRITTEN POLICY
REQUIRED UNDER ITEM (1) OF THIS SUBSECTION. (d) (F) Subject to the provisions of §§ 4-301 through 4-309 of this article,
the records of each individual in a facility are confidential. (e)(g) (1) Notwithstanding any other provision of law, when the State
designated protection and advocacy agency for persons with developmental disabilities
has received and documented a request for an investigation of a possible violation of
the rights of an individual in a facility that is owned and operated by the Department
or under contract to the Department to provide mental health services in the
community under this subtitle, the executive director of the protection and advocacy
agency or the executive director's designee: (i) Before pursuing any investigation: 1. Shall interview the individual whose rights have been allegedly violated; and 2. Shall attempt to obtain written consent from the individual; and (ii) If the individual is unable to give written consent but does
not object to the investigation:
1. Shall document this fact; and
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Session Laws, 2007
Volume 803, Page 1359   View pdf image
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