Maryland 2022 Regular Session

Maryland House Bill HB1467 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1467
6	6
7	7	HOUSE BILL 1467
8	8	J1 2lr3107
9	9	CF SB 994
10	10	By: Delegate Kipke
11	11	Introduced and read first time: February 26, 2022
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Health – Mental Health Advance Directives – Awareness and Statewide 2
19	19	Database 3
20	20
21	21	FOR the purpose of requiring the Maryland Department of Health to develop and 4
22	22	implement a public awareness campaign to encourage the use of mental health 5
23	23	advance directives in the State; requiring the Maryland Behavioral Health Crisis 6
24	24	Response System in the Behavioral Health Administration to establish a database 7
25	25	of mental health advance directives; and generally relating to mental health advance 8
26	26	directives. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Health – General 11
30	30	Section 5–602.1 12
31	31	Annotated Code of Maryland 13
32	32	(2019 Replacement Volume and 2021 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Health – General 16
36	36	Section 5–615.2 17
37	37	Annotated Code of Maryland 18
38	38	(2019 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – Health – General 21
42	42	Section 10–1402 22
43	43	Annotated Code of Maryland 23
44	44	(2019 Replacement Volume and 2021 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 HOUSE BILL 1467
49	49
50	50
51	51	Article – Health – General 1
52	52
53	53	5–602.1. 2
54	54
55	55	(a) In this section, “mental health services” has the meaning stated in § 3
56	56	4–301(k)(1) of this article. 4
57	57
58	58	(b) An individual who is competent may make an advance directive to outline the 5
59	59	mental health services which may be provided to the individual if the individual becomes 6
60	60	incompetent and has a need for mental health services either during, or as a result of, the 7
61	61	incompetency. 8
62	62
63	63	(c) (1) An individual making an advance directive for mental health services 9
64	64	shall follow the procedures for making an advance directive provided under § 5–602 of this 10
65	65	subtitle. 11
66	66
67	67	(2) The procedures provided under § 5–604 of this subtitle for the 12
68	68	revocation of an advance directive shall apply to the revocation of an advance directive for 13
69	69	mental health services. 14
70	70
71	71	(d) An advance directive for mental health services may include: 15
72	72
73	73	(1) The designation of an agent to make mental health services decisions 16
74	74	for the declarant; 17
75	75
76	76	(2) The identification of mental health professionals, programs, and 18
77	77	facilities that the declarant would prefer to provide mental health services; 19
78	78
79	79	(3) A statement of medications preferred by the declarant for psychiatric 20
80	80	treatment; and 21
81	81
82	82	(4) Instruction regarding the notification of third parties and the release of 22
83	83	information to third parties about mental health services provided to the declarant. 23
84	84
85	85	5–615.2. 24
86	86
87	87	(A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 25
88	88	AWARENESS CAMPAIG N TO ENCOURAGE THE U SE OF MENTAL HEALTH ADVANCE 26
89	89	DIRECTIVES IN THE STATE. 27
90	90
91	91	(B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLU DE AWARENESS 28
92	92	INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE 29
93	93	FOLLOWING PERSONS AN D GOVERNMENTAL AGENC IES TO INFORM PRESEN T OR 30
94	94	FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 31
95	95	FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHAVIORAL HEALTH CARE 32
96	96	PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES: 33 HOUSE BILL 1467 3
97	97
98	98
99	99
100	100	(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1
101	101	SERVICES; 2
102	102
103	103	(2) THE DEPARTMENT OF STATE POLICE; 3
104	104
105	105	(3) THE DEPARTMENT OF VETERANS AFFAIRS; 4
106	106
107	107	(4) LOCAL HEALTH DEPARTME NTS; 5
108	108
109	109	(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 6
110	110
111	111	(6) BEHAVIORAL HEALTH PRO GRAMS; 7
112	112
113	113	(7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 8
114	114	COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 9
115	115
116	116	(8) HEALTH CARE FACILITIE S; 10
117	117
118	118	(9) ACADEMIC INSTITUTIONS ; 11
119	119
120	120	(10) RELIGIOUS ORGANIZATIO NS; AND 12
121	121
122	122	(11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE 13
123	123	RECIPIENTS OF MENTAL HEALTH SERVICES . 14
124	124
125	125	10–1402. 15
126	126
127	127	(a) There is a Maryland Behavioral Health Crisis Response System in the 16
128	128	Behavioral Health Administration. 17
129	129
130	130	(b) The Crisis Response System shall: 18
131	131
132	132	(1) Operate a statewide network utilizing existing resources and 19
133	133	coordinating interjurisdictional services to develop efficient and effective crisis response 20
134	134	systems to serve all individuals in the State, 24 hours a day and 7 days a week; 21
135	135
136	136	(2) Provide skilled clinical intervention to help prevent suicides, homicides, 22
137	137	unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or 23
138	138	threatening situations involving individuals in need of behavioral health services; [and] 24
139	139
140	140	(3) DEVELOP AND MAINTAIN A CENTRALIZED STATEW IDE DATABASE 25
141	141	OF MENTAL HEALTH ADV ANCE DIRECTIVES THAT CAN BE READILY ACCES SED TO 26
142	142	ASSIST RESPONSES TO BEHAVIORAL HEALTH CR ISES AND THE PROVISI ON OF 27 4 HOUSE BILL 1467
143	143
144	144
145	145	MENTAL HEALTH SERVIC ES BY FIRST RESPONDE RS, HEALTH CARE PROVIDER S, 1
146	146	CRISIS COMMUNICATION CENTERS, CRISIS TREATMENT CEN TERS, AND ANY OTHER 2
147	147	PARTNERS DESIGNATED BY THE ADMINISTRATION ; AND 3
148	148
149	149	(4) Respond quickly and effectively to community crisis situations. 4
150	150
151	151	(c) The Administration shall consult with consumers of behavioral health 5
152	152	services, family members, and behavioral health advocates in the development of the Crisis 6
153	153	Response System. 7
154	154
155	155	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
156	156	October 1, 2022. 9
157	157