EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0994*
SENATE BILL 994
J1 2lr3064
CF HB 1467
By: Senator Eckardt
Introduced and read first time: February 22, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Public Health – Mental Health Advance Directives – Awareness and Statewide 2
Database 3
FOR the purpose of requiring the Maryland Department of Health to develop and 4
implement a public awareness campaign to encourage the use of mental health 5
advance directives in the State; requiring the Maryland Behavioral Health Crisis 6
Response System in the Behavioral Health Administration to establish a database 7
of mental health advance directives; and generally relating to mental health advance 8
directives. 9
BY repealing and reenacting, without amendments, 10
Article – Health – General 11
Section 5–602.1 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 5–615.2 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Health – General 21
Section 10–1402 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 994
Article – Health – General 1
5–602.1. 2
(a) In this section, “mental health services” has the meaning stated in § 3
4–301(k)(1) of this article. 4
(b) An individual who is competent may make an advance directive to outline the 5
mental health services which may be provided to the individual if the individual becomes 6
incompetent and has a need for mental health services either during, or as a result of, the 7
incompetency. 8
(c) (1) An individual making an advance directive for mental health services 9
shall follow the procedures for making an advance directive provided under § 5–602 of this 10
subtitle. 11
(2) The procedures provided under § 5–604 of this subtitle for the 12
revocation of an advance directive shall apply to the revocation of an advance directive for 13
mental health services. 14
(d) An advance directive for mental health services may include: 15
(1) The designation of an agent to make mental health services decisions 16
for the declarant; 17
(2) The identification of mental health professionals, programs, and 18
facilities that the declarant would prefer to provide mental health services; 19
(3) A statement of medications preferred by the declarant for psychiatric 20
treatment; and 21
(4) Instruction regarding the notification of third parties and the release of 22
information to third parties about mental health services provided to the declarant. 23
5–615.2. 24
(A) THE DEPARTMENT SHALL DEVELOP AND IMPLEMEN T A PUBLIC 25
AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADVANC E 26
DIRECTIVES IN THE STATE. 27
(B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLU DE AWARENESS 28
INITIATIVES TO E NCOURAGE AND SUPPORT OUTREACH EFFORTS BY THE 29
FOLLOWING PERSONS AND GOVERNMENTAL AGENCIES TO INFORM PRESENT OR 30
FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF THEIR 31
FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHAVIORAL HEALTH CARE 32
PARTNERS ABOUT MENTAL HEALTH ADVANCE DIRECTIVES : 33 SENATE BILL 994 3
(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1
SERVICES; 2
(2) THE DEPARTMENT OF STATE POLICE; 3
(3) THE DEPARTMENT OF VETERANS AFFAIRS; 4
(4) LOCAL HEALTH DEPARTME NTS; 5
(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 6
(6) BEHAVIORAL HEALTH PRO GRAMS; 7
(7) PRACTICING PSYCHIATRISTS , PSYCHOLOGI STS, PROFESSIONAL 8
COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 9
(8) HEALTH CARE FACILITIE S; 10
(9) ACADEMIC INSTITUTIONS ; 11
(10) RELIGIOUS ORGANIZATIO NS; AND 12
(11) OTHER PERSONS WHO ENCOUNTER PRESENT OR FUTURE 13
RECIPIENTS OF MENTAL HEALTH SERVIC ES. 14
10–1402. 15
(a) There is a Maryland Behavioral Health Crisis Response System in the 16
Behavioral Health Administration. 17
(b) The Crisis Response System shall: 18
(1) Operate a statewide network utilizing existing resources and 19
coordinating interjurisdictional services to develop efficient and effective crisis response 20
systems to serve all individuals in the State, 24 hours a day and 7 days a week; 21
(2) Provide skilled clinical intervention to help prevent suicides, homicides, 22
unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or 23
threatening situations involving individuals in need of behavioral health services; [and] 24
(3) DEVELOP AND MAINTAIN A CENTRALIZED STATEWIDE DATABASE 25
OF MENTAL HEALTH ADV ANCE DIRECTIVES THAT CAN BE READILY ACCES SED TO 26
ASSIST RESPONSES TO BEHAVIO RAL HEALTH CRISES AN D THE PROVISION OF 27 4 SENATE BILL 994
MENTAL HEALTH SERVIC ES BY FIRST RESPONDERS , HEALTH CARE PROVIDERS, 1
CRISIS COMMUNICATION CENTERS, CRISIS TREATMENT CEN TERS, AND ANY OTHER 2
PARTNERS DESIGNATED BY THE ADMINISTRATION ; AND 3
(4) Respond quickly and effectively to community crisis situations. 4
(c) The Administration shall consult with consumers of behavioral health 5
services, family members, and behavioral health advocates in the development of the Crisis 6
Response System. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2022. 9