PROPOSALMaryland Register
Issue Date: January 18, 2019
Volume 46 • Issue 2 • Page 78-79
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 63
COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES
10.63.07 Outpatient
Civil Commitment (OCC) Pilot Program
Authority:
Health-General Article, §7.5-205.1, Annotated Code of Maryland
Notice of Proposed
Action
[19-018-P]
The
Secretary of Health proposes to amend Regulations .02, .03, .05,
and .06 under COMAR 10.63.07 Outpatient Civil
Commitment (OCC) Pilot Program.
Statement of Purpose
The purpose of this action is to expand eligibility criteria for
the Outpatient Civil Commitment Pilot Program and expand the types of
behavioral health providers who can sign an application for admission to the
Program.
Comparison to Federal
Standards
There is no corresponding federal standard to this proposed
action.
Estimate of Economic
Impact
The proposed action has no economic impact.
Economic Impact on Small
Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals
with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public
Comment
Comments may be sent to Jake Whitaker, Acting Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483.
Comments will be accepted through February 19, 2019. A public hearing has not
been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(11) (text unchanged)
(12) “Licensed certified social worker-clinical” means an
individual who is licensed, certified, or otherwise legally authorized to
independently provide the mental health service under Health Occupations
Article, Title 19, Annotated Code of Maryland.
(13) “Licensed clinical professional counselor” means an
individual who is licensed, certified, or otherwise legally authorized to
independently provide the mental health service under Health Occupations
Article, Title 17, Annotated Code of Maryland.
(14) “Licensed master social worker” means an individual who
is licensed, certified, or otherwise legally authorized to independently
provide the mental health service under Health Occupations Article, Title
19, Annotated Code of Maryland.
[(12)] (15)—[(21)] (24) (text
unchanged)
(25) “Voluntary inpatient admission” means the admission of an
individual to an inpatient facility on the basis of:
(a) A signed and endorsed formal application for voluntary
admission pursuant to Health-General Article, §10-609 or 10-610, Annotated Code
of Maryland;
(b) An informal request for admission pursuant to Health-General
Article, §10-609, Annotated Code of Maryland; or
(c) If the voluntary admission is to a VA hospital, the procedure
established by the VA hospital.
[(22)] (26) (text
unchanged)
.03 Pilot Program.
A. The Department authorizes the Administration to
create a program to provide community-based treatment to individuals with
mental disorders who were:
(1) Admitted [involuntarily] to an
inpatient facility under Health-General Article, [§10-632] Title
10, Annotated Code of Maryland; and
(2) (text unchanged)
B.—D. (text unchanged)
.05 Admission Criteria.
A. (text unchanged)
B. To be voluntarily admitted [into] to the
program, an individual shall meet the following criteria:
[(1) With the exception
of §A(7) of this regulation, meet all criteria in §A of this regulation;
(2) Participate in a settlement conference with an ALJ, the legal
service provider, and a representative of the inpatient facility; and
(3) Enter into a settlement agreement whereby the individual
agrees to adhere to program recommendations including a treatment plan or
support services, or both, as needed by the individual.]
(1) Have a mental disorder;
(2) Be 18 years old or older;
(3) Be a resident of Baltimore City;
(4) Have had a combination of two voluntary or involuntary
inpatient facility admissions in the preceding 12 months, including the most
recent admission before the application for admission into the program;
(5) Have a demonstrated history of refusing community treatment
that has been a significant factor in contributing to the current involuntary
inpatient admission;
(6) Have a treatment history and behavior that indicates the need
for outpatient treatment to prevent deterioration after discharge that is
substantially likely to result in the individual becoming a danger to self or
others in the community in the foreseeable future;
(7) Show that they are substantially likely to benefit from the
outpatient treatment;
(8) Not be a danger to self or others in the community if released
to the program;
(9) Be able to demonstrate that treatment in the program is the
least restrictive alternative appropriate for the individual;
(10) Participate in a settlement conference with an ALJ, the legal
service provider, and a representative of the inpatient facility; and
(11) Enter into a settlement agreement whereby the individual
agrees to adhere to program recommendations including a treatment plan or support
services, or both, as needed by the individual.
.06 Application for
Admission.
A. (text unchanged)
B. The Administration shall provide an application form
that includes the following:
(1)—(5) (text unchanged)
(6) The signature and verification by a physician, psychiatrist,
psychologist, [or] psychiatric nurse practitioner, licensed
certified social worker-clinical, licensed master social worker, or licensed
clinical professional counselor on behalf of the inpatient facility.
C.—D. (text unchanged)
ROBERT R. NEALL
Secretary of Health