| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0994* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 994 | |
| 11 | 8 | J1 2lr3064 | |
| 12 | 9 | CF HB 1467 | |
| 13 | - | By: Senator Eckardt Senators Eckardt, Augustine, Beidle, Benson, Feldman, | |
| 14 | - | Hershey, Jennings, Kelley, Klausmeier, Kramer, and Ready | |
| 10 | + | By: Senator Eckardt | |
| 15 | 11 | Introduced and read first time: February 22, 2022 | |
| 16 | 12 | Assigned to: Rules | |
| 17 | - | Re–referred to: Finance, February 28, 2022 | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | Senate action: Adopted | |
| 20 | - | Read second time: March 14, 2022 | |
| 21 | 13 | ||
| 22 | - | ||
| 14 | + | A BILL ENTITLED | |
| 23 | 15 | ||
| 24 | 16 | AN ACT concerning 1 | |
| 25 | 17 | ||
| 26 | 18 | Public Health – Mental Health Advance Directives – Awareness and Statewide 2 | |
| 27 | 19 | Database 3 | |
| 28 | 20 | ||
| 29 | 21 | FOR the purpose of requiring the Maryland Department of Health to develop and 4 | |
| 30 | 22 | implement a public awareness campaign to encourage the use of mental health 5 | |
| 31 | 23 | advance directives in the State; requiring the Maryland Behavioral Health Crisis 6 | |
| 32 | 24 | Response System in the Behavioral Health Administration to establish a database 7 | |
| 33 | - | of mental health advance directives Behavioral Health Administration to study the 8 | |
| 34 | - | feasibility and cost of establishing a centralized statewide database of mental health 9 | |
| 35 | - | advance directives; and generally relating to mental health advance directives. 10 | |
| 25 | + | of mental health advance directives; and generally relating to mental health advance 8 | |
| 26 | + | directives. 9 | |
| 36 | 27 | ||
| 37 | - | BY repealing and reenacting, without amendments, | |
| 38 | - | Article – Health – General | |
| 39 | - | Section 5–602.1 | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2019 Replacement Volume and 2021 Supplement) | |
| 28 | + | BY repealing and reenacting, without amendments, 10 | |
| 29 | + | Article – Health – General 11 | |
| 30 | + | Section 5–602.1 12 | |
| 31 | + | Annotated Code of Maryland 13 | |
| 32 | + | (2019 Replacement Volume and 2021 Supplement) 14 | |
| 42 | 33 | ||
| 43 | - | BY adding to 16 | |
| 44 | - | Article – Health – General 17 | |
| 45 | - | Section 5–615.2 18 | |
| 46 | - | Annotated Code of Maryland 19 | |
| 47 | - | (2019 Replacement Volume and 2021 Supplement) 20 | |
| 34 | + | BY adding to 15 | |
| 35 | + | Article – Health – General 16 | |
| 36 | + | Section 5–615.2 17 | |
| 37 | + | Annotated Code of Maryland 18 | |
| 38 | + | (2019 Replacement Volume and 2021 Supplement) 19 | |
| 39 | + | ||
| 40 | + | BY repealing and reenacting, with amendments, 20 | |
| 41 | + | Article – Health – General 21 | |
| 42 | + | Section 10–1402 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2019 Replacement Volume and 2021 Supplement) 24 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 47 | + | That the Laws of Maryland read as follows: 26 | |
| 48 | 48 | 2 SENATE BILL 994 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | BY repealing and reenacting, with amendments, 1 | |
| 52 | - | Article – Health – General 2 | |
| 53 | - | Section 10–1402 3 | |
| 54 | - | Annotated Code of Maryland 4 | |
| 55 | - | (2019 Replacement Volume and 2021 Supplement) 5 | |
| 51 | + | Article – Health – General 1 | |
| 56 | 52 | ||
| 57 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 58 | - | That the Laws of Maryland read as follows: 7 | |
| 53 | + | 5–602.1. 2 | |
| 59 | 54 | ||
| 60 | - | Article – Health – General 8 | |
| 55 | + | (a) In this section, “mental health services” has the meaning stated in § 3 | |
| 56 | + | 4–301(k)(1) of this article. 4 | |
| 61 | 57 | ||
| 62 | - | 5–602.1. 9 | |
| 58 | + | (b) An individual who is competent may make an advance directive to outline the 5 | |
| 59 | + | mental health services which may be provided to the individual if the individual becomes 6 | |
| 60 | + | incompetent and has a need for mental health services either during, or as a result of, the 7 | |
| 61 | + | incompetency. 8 | |
| 63 | 62 | ||
| 64 | - | (a) In this section, “mental health services” has the meaning stated in § 10 | |
| 65 | - | 4–301(k)(1) of this article. 11 | |
| 63 | + | (c) (1) An individual making an advance directive for mental health services 9 | |
| 64 | + | shall follow the procedures for making an advance directive provided under § 5–602 of this 10 | |
| 65 | + | subtitle. 11 | |
| 66 | 66 | ||
| 67 | - | (b) An individual who is competent may make an advance directive to outline the 12 | |
| 68 | - | mental health services which may be provided to the individual if the individual becomes 13 | |
| 69 | - | incompetent and has a need for mental health services either during, or as a result of, the 14 | |
| 70 | - | incompetency. 15 | |
| 67 | + | (2) The procedures provided under § 5–604 of this subtitle for the 12 | |
| 68 | + | revocation of an advance directive shall apply to the revocation of an advance directive for 13 | |
| 69 | + | mental health services. 14 | |
| 71 | 70 | ||
| 72 | - | (c) (1) An individual making an advance directive for mental health services 16 | |
| 73 | - | shall follow the procedures for making an advance directive provided under § 5–602 of this 17 | |
| 74 | - | subtitle. 18 | |
| 71 | + | (d) An advance directive for mental health services may include: 15 | |
| 75 | 72 | ||
| 76 | - | (2) The procedures provided under § 5–604 of this subtitle for the 19 | |
| 77 | - | revocation of an advance directive shall apply to the revocation of an advance directive for 20 | |
| 78 | - | mental health services. 21 | |
| 73 | + | (1) The designation of an agent to make mental health services decisions 16 | |
| 74 | + | for the declarant; 17 | |
| 79 | 75 | ||
| 80 | - | (d) An advance directive for mental health services may include: 22 | |
| 76 | + | (2) The identification of mental health professionals, programs, and 18 | |
| 77 | + | facilities that the declarant would prefer to provide mental health services; 19 | |
| 81 | 78 | ||
| 82 | - | ( | |
| 83 | - | ||
| 79 | + | (3) A statement of medications preferred by the declarant for psychiatric 20 | |
| 80 | + | treatment; and 21 | |
| 84 | 81 | ||
| 85 | - | ( | |
| 86 | - | ||
| 82 | + | (4) Instruction regarding the notification of third parties and the release of 22 | |
| 83 | + | information to third parties about mental health services provided to the declarant. 23 | |
| 87 | 84 | ||
| 88 | - | (3) A statement of medications preferred by the declarant for psychiatric 27 | |
| 89 | - | treatment; and 28 | |
| 85 | + | 5–615.2. 24 | |
| 90 | 86 | ||
| 91 | - | (4) Instruction regarding the notification of third parties and the release of 29 | |
| 92 | - | information to third parties about mental health services provided to the declarant. 30 | |
| 87 | + | (A) THE DEPARTMENT SHALL DEVELOP AND IMPLEMEN T A PUBLIC 25 | |
| 88 | + | AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADVANC E 26 | |
| 89 | + | DIRECTIVES IN THE STATE. 27 | |
| 93 | 90 | ||
| 94 | - | 5–615.2. 31 | |
| 95 | - | SENATE BILL 994 3 | |
| 96 | - | ||
| 97 | - | ||
| 98 | - | (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 1 | |
| 99 | - | AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE 2 | |
| 100 | - | DIRECTIVES IN THE STATE. 3 | |
| 101 | - | ||
| 102 | - | (B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLUDE AWARENESS 4 | |
| 103 | - | INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE 5 | |
| 104 | - | FOLLOWING PERSONS AN D GOVERNMENTAL AGENC IES TO INFORM PRESEN T OR 6 | |
| 105 | - | FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 7 | |
| 106 | - | FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHA VIORAL HEALTH CARE 8 | |
| 107 | - | PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES: 9 | |
| 108 | - | ||
| 109 | - | (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 10 | |
| 110 | - | SERVICES; 11 | |
| 111 | - | ||
| 112 | - | (2) THE DEPARTMENT OF STATE POLICE; 12 | |
| 113 | - | ||
| 114 | - | (3) THE DEPARTMENT OF VETERANS AFFAIRS; 13 | |
| 115 | - | ||
| 116 | - | (4) LOCAL HEALTH DEPARTME NTS; 14 | |
| 117 | - | ||
| 118 | - | (5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 15 | |
| 119 | - | ||
| 120 | - | (6) BEHAVIORAL HEALTH PRO GRAMS; 16 | |
| 121 | - | ||
| 122 | - | (7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 17 | |
| 123 | - | COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 18 | |
| 124 | - | ||
| 125 | - | (8) HEALTH CARE FACILITIE S; 19 | |
| 126 | - | ||
| 127 | - | (9) ACADEMIC INSTITUTIONS ; 20 | |
| 128 | - | ||
| 129 | - | (10) RELIGIOUS ORGANIZATIO NS; AND 21 | |
| 130 | - | ||
| 131 | - | (11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE 22 | |
| 132 | - | RECIPIENTS OF MENTAL HEALTH SERVICES . 23 | |
| 133 | - | ||
| 134 | - | 10–1402. 24 | |
| 135 | - | ||
| 136 | - | (a) There is a Maryland Behavioral Health Crisis Response System in the 25 | |
| 137 | - | Behavioral Health Administration. 26 | |
| 138 | - | ||
| 139 | - | (b) The Crisis Response System shall: 27 | |
| 140 | - | 4 SENATE BILL 994 | |
| 141 | - | ||
| 142 | - | ||
| 143 | - | (1) Operate a statewide network utilizing existing resources and 1 | |
| 144 | - | coordinating interjurisdictional services to develop efficient and effective crisis response 2 | |
| 145 | - | systems to serve all individuals in the State, 24 hours a day and 7 days a week; 3 | |
| 146 | - | ||
| 147 | - | (2) Provide skilled clinical intervention to help prevent suicides, homicides, 4 | |
| 148 | - | unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or 5 | |
| 149 | - | threatening situations involving individuals in need of behavioral health services; [and] 6 | |
| 150 | - | ||
| 151 | - | (3) DEVELOP AND MAINTAIN A CENTRALIZED STATEW IDE DATABASE 7 | |
| 152 | - | OF MENTAL HEALTH ADV ANCE DIRECTIVES THAT CAN BE READILY ACCES SED TO 8 | |
| 153 | - | ASSIST RESPONSES TO BEHAVIORAL HEALTH CR ISES AND THE PROVISI ON OF 9 | |
| 154 | - | MENTAL HEALTH SERVIC ES BY FIRST RESPONDE RS, HEALTH CA RE PROVIDERS , 10 | |
| 155 | - | CRISIS COMMUNICATION CENTERS, CRISIS TREATMENT CEN TERS, AND ANY OTHER 11 | |
| 156 | - | PARTNERS DESIGNATED BY THE ADMINISTRATION ; AND 12 | |
| 157 | - | ||
| 158 | - | (4) Respond quickly and effectively to community crisis situations. 13 | |
| 159 | - | ||
| 160 | - | (c) The Administration shall consult with consumers of behavioral health 14 | |
| 161 | - | services, family members, and behavioral health advocates in the development of the Crisis 15 | |
| 162 | - | Response System. 16 | |
| 163 | - | ||
| 164 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 17 | |
| 165 | - | ||
| 166 | - | (a) (1) The Behavioral Health Administration shall study the feasibility and 18 | |
| 167 | - | cost of establishing a centralized statewide database of mental health advance directives 19 | |
| 168 | - | that can be readily accessed to assist responses to behavioral health crises and the provision 20 | |
| 169 | - | of mental health services by first responders, health care providers, crisis communication 21 | |
| 170 | - | centers, crisis treatment centers, and any other partners designated by the Behavioral 22 | |
| 171 | - | Health Administration. 23 | |
| 172 | - | ||
| 173 | - | (2) The study shall include an assessment of the feasibility and costs 24 | |
| 174 | - | associated with: 25 | |
| 175 | - | ||
| 176 | - | (i) incorporating mental health advance directives into the State’s 26 | |
| 177 | - | current advance directive registry; 27 | |
| 178 | - | ||
| 179 | - | (ii) developing and maintaining an independent, centralized 28 | |
| 180 | - | statewide database of mental health advance directives; and 29 | |
| 181 | - | ||
| 182 | - | (iii) incorporating mental health advance directives directly into the 30 | |
| 183 | - | State–designated health information exchange. 31 | |
| 184 | - | ||
| 185 | - | (b) On or before December 1, 2022, the Behavioral Health Administration shall 32 | |
| 186 | - | report to the Senate Finance Committee and the House Health and Government 33 | |
| 187 | - | Operations Committee, in accordance with § 2–1257 of the State Government Article, on 34 | |
| 188 | - | the findings of the study required under subsection (a) of this section. 35 SENATE BILL 994 5 | |
| 91 | + | (B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLU DE AWARENESS 28 | |
| 92 | + | INITIATIVES TO E NCOURAGE AND SUPPORT OUTREACH EFFORTS BY THE 29 | |
| 93 | + | FOLLOWING PERSONS AND GOVERNMENTAL AGENCIES TO INFORM PRESENT OR 30 | |
| 94 | + | FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF THEIR 31 | |
| 95 | + | FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHAVIORAL HEALTH CARE 32 | |
| 96 | + | PARTNERS ABOUT MENTAL HEALTH ADVANCE DIRECTIVES : 33 SENATE BILL 994 3 | |
| 189 | 97 | ||
| 190 | 98 | ||
| 191 | 99 | ||
| 192 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 193 | - | October July 1, 2022. 2 | |
| 100 | + | (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 1 | |
| 101 | + | SERVICES; 2 | |
| 102 | + | ||
| 103 | + | (2) THE DEPARTMENT OF STATE POLICE; 3 | |
| 104 | + | ||
| 105 | + | (3) THE DEPARTMENT OF VETERANS AFFAIRS; 4 | |
| 106 | + | ||
| 107 | + | (4) LOCAL HEALTH DEPARTME NTS; 5 | |
| 108 | + | ||
| 109 | + | (5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 6 | |
| 110 | + | ||
| 111 | + | (6) BEHAVIORAL HEALTH PRO GRAMS; 7 | |
| 112 | + | ||
| 113 | + | (7) PRACTICING PSYCHIATRISTS , PSYCHOLOGI STS, PROFESSIONAL 8 | |
| 114 | + | COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 9 | |
| 115 | + | ||
| 116 | + | (8) HEALTH CARE FACILITIE S; 10 | |
| 117 | + | ||
| 118 | + | (9) ACADEMIC INSTITUTIONS ; 11 | |
| 119 | + | ||
| 120 | + | (10) RELIGIOUS ORGANIZATIO NS; AND 12 | |
| 121 | + | ||
| 122 | + | (11) OTHER PERSONS WHO ENCOUNTER PRESENT OR FUTURE 13 | |
| 123 | + | RECIPIENTS OF MENTAL HEALTH SERVIC ES. 14 | |
| 124 | + | ||
| 125 | + | 10–1402. 15 | |
| 126 | + | ||
| 127 | + | (a) There is a Maryland Behavioral Health Crisis Response System in the 16 | |
| 128 | + | Behavioral Health Administration. 17 | |
| 129 | + | ||
| 130 | + | (b) The Crisis Response System shall: 18 | |
| 131 | + | ||
| 132 | + | (1) Operate a statewide network utilizing existing resources and 19 | |
| 133 | + | coordinating interjurisdictional services to develop efficient and effective crisis response 20 | |
| 134 | + | systems to serve all individuals in the State, 24 hours a day and 7 days a week; 21 | |
| 135 | + | ||
| 136 | + | (2) Provide skilled clinical intervention to help prevent suicides, homicides, 22 | |
| 137 | + | unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or 23 | |
| 138 | + | threatening situations involving individuals in need of behavioral health services; [and] 24 | |
| 139 | + | ||
| 140 | + | (3) DEVELOP AND MAINTAIN A CENTRALIZED STATEWIDE DATABASE 25 | |
| 141 | + | OF MENTAL HEALTH ADV ANCE DIRECTIVES THAT CAN BE READILY ACCES SED TO 26 | |
| 142 | + | ASSIST RESPONSES TO BEHAVIO RAL HEALTH CRISES AN D THE PROVISION OF 27 4 SENATE BILL 994 | |
| 194 | 143 | ||
| 195 | 144 | ||
| 145 | + | MENTAL HEALTH SERVIC ES BY FIRST RESPONDERS , HEALTH CARE PROVIDERS, 1 | |
| 146 | + | CRISIS COMMUNICATION CENTERS, CRISIS TREATMENT CEN TERS, AND ANY OTHER 2 | |
| 147 | + | PARTNERS DESIGNATED BY THE ADMINISTRATION ; AND 3 | |
| 196 | 148 | ||
| 149 | + | (4) Respond quickly and effectively to community crisis situations. 4 | |
| 197 | 150 | ||
| 198 | - | Approved: | |
| 199 | - | ________________________________________________________________________________ | |
| 200 | - | Governor. | |
| 201 | - | ________________________________________________________________________________ | |
| 202 | - | President of the Senate. | |
| 203 | - | ________________________________________________________________________________ | |
| 204 | - | Speaker of the House of Delegates. | |
| 151 | + | (c) The Administration shall consult with consumers of behavioral health 5 | |
| 152 | + | services, family members, and behavioral health advocates in the development of the Crisis 6 | |
| 153 | + | Response System. 7 | |
| 154 | + | ||
| 155 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
| 156 | + | October 1, 2022. 9 |