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Statutes Text

Article - Health - General




§10–632.

    (a)    Any individual proposed for involuntary admission under Part III of this subtitle shall be afforded a hearing to determine whether the individual is to be admitted to a facility or a Veterans’ Administration hospital as an involuntary patient or released without being admitted.

    (b)    The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.

    (c)    (1)    The hearing may be postponed for good cause for no more than 7 days, and the reasons for the postponement shall be on the record.

        (2)    A decision shall be made within the time period provided in paragraph (1) of this subsection.

    (d)    The Secretary shall:

        (1)    Adopt rules and regulations on hearing procedures; and

        (2)    Designate an impartial hearing officer to conduct the hearings.

    (e)    The hearing officer shall:

        (1)    Consider all the evidence and testimony of record; and

        (2)    Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:

            (i)    The individual has a mental disorder;

            (ii)    The individual needs in–patient care or treatment;

            (iii)    The individual presents a danger to the life or safety of the individual or of others;

            (iv)    The individual is unable or unwilling to be voluntarily admitted to the facility;

            (v)    There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and

            (vi)    If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.

    (f)    A hearing officer may not order the release of an individual who meets the requirements for involuntary admission under subsection (e)(2) of this section on the grounds that a health care provider or an emergency or other facility did not comply with disclosure or notice requirements under § 10–625(c) or § 10–631(b)(5) of this subtitle, § 10–803(b)(2) of this title, or § 4–306(c) or § 4–307(l) of this article.

    (g)    The hearing officer may not order the release of an individual who meets the requirements for involuntary admission under subsection (e)(2) of this section on the grounds that the individual was kept at an emergency facility for more than 30 hours in violation of § 10–624(b)(4) of this subtitle.

    (h)    The parent, guardian, or next of kin of an individual involuntarily admitted under this subtitle:

        (1)    Shall be given notice of the hearing on the admission; and

        (2)    May testify at the hearing.

    (i)    If a hearing officer enters an order for involuntary commitment under Part III of this subtitle and the hearing officer determines that the individual cannot safely possess a firearm based on credible evidence of dangerousness to others, the hearing officer shall order the individual who is subject to the involuntary commitment to:

        (1)    Surrender to law enforcement authorities any firearms in the individual’s possession; and

        (2)    Refrain from possessing a firearm unless the individual is granted relief from firearms disqualification in accordance with § 5–133.3 of the Public Safety Article.