§ 10-616. Form and contents of certificate

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2021

West's Annotated Code of Maryland
Health--General
Title 10. Mental Health Law (Refs & Annos)
Subtitle 6. Admission Provisions (Refs & Annos)
Part III. Involuntary Admissions
Effective: October 1, 2021
MD Code, Health - General, § 10-616
§ 10-616. Form and contents of certificate
In general
(a)(1) A certificate for involuntary admission of an individual under this part shall:
(i) Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker-clinical, or licensed clinical professional counselor who signs the certificate; and
(ii) Be in the form that the Secretary adopts, by rule or regulation.
(2) The rules and regulations shall require the form to include:
(i) A diagnosis of a mental disorder of the individual;
(ii) An opinion that the individual needs inpatient care or treatment; and
(iii) An opinion that admission to a facility or Veterans' Administration hospital is needed for the protection of the individual or another.
Time certificate may be used for admission
(b) A certificate may not be used for admission if the examination on which the certificate is made was done:
(1) More than 1 week before the certificate is signed; or
(2) More than 30 days before the facility or the Veterans' Administration hospital receives the application for admission.
Certificate may not be used for admission
(c) A certificate may not be used for an admission if the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker-clinical, or licensed clinical professional counselor who signed the certificate:
(1) Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the individual whose status is being certified; or
(2) Is related, by blood or marriage, to the individual or to the applicant.

Credits

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 2015, c. 330, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2016, c. 241, § 1, eff. April 26, 2016; Acts 2021, c. 475, § 1, eff. Oct. 1, 2021; Acts 2021, c. 476, § 1, eff. Oct. 1, 2021.
Formerly Art. 59, § 12.
MD Code, Health - General, § 10-616, MD HEALTH GEN § 10-616
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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