EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0994*
SENATE BILL 994
J1 2lr3064
CF HB 1467
By: Senator Eckardt Senators Eckardt, Augustine, Beidle, Benson, Feldman,
Hershey, Jennings, Kelley, Klausmeier, Kramer, and Ready
Introduced and read first time: February 22, 2022
Assigned to: Rules
Re–referred to: Finance, February 28, 2022
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 14, 2022
CHAPTER ______
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 Behavioral Health Administration to study the 8
feasibility and cost of establishing a centralized statewide database of mental health 9
advance directives; and generally relating to mental health advance directives. 10
BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 5–602.1 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Health – General 17
Section 5–615.2 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
2 SENATE BILL 994
BY repealing and reenacting, with amendments, 1
Article – Health – General 2
Section 10–1402 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
5–602.1. 9
(a) In this section, “mental health services” has the meaning stated in § 10
4–301(k)(1) of this article. 11
(b) An individual who is competent may make an advance directive to outline the 12
mental health services which may be provided to the individual if the individual becomes 13
incompetent and has a need for mental health services either during, or as a result of, the 14
incompetency. 15
(c) (1) An individual making an advance directive for mental health services 16
shall follow the procedures for making an advance directive provided under § 5–602 of this 17
subtitle. 18
(2) The procedures provided under § 5–604 of this subtitle for the 19
revocation of an advance directive shall apply to the revocation of an advance directive for 20
mental health services. 21
(d) An advance directive for mental health services may include: 22
(1) The designation of an agent to make mental health services decisions 23
for the declarant; 24
(2) The identification of mental health professionals, programs, and 25
facilities that the declarant would prefer to provide mental health services; 26
(3) A statement of medications preferred by the declarant for psychiatric 27
treatment; and 28
(4) Instruction regarding the notification of third parties and the release of 29
information to third parties about mental health services provided to the declarant. 30
5–615.2. 31
SENATE BILL 994 3
(A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 1
AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE 2
DIRECTIVES IN THE STATE. 3
(B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLUDE AWARENESS 4
INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE 5
FOLLOWING PERSONS AN D GOVERNMENTAL AGENC IES TO INFORM PRESEN T OR 6
FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 7
FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHA VIORAL HEALTH CARE 8
PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES: 9
(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 10
SERVICES; 11
(2) THE DEPARTMENT OF STATE POLICE; 12
(3) THE DEPARTMENT OF VETERANS AFFAIRS; 13
(4) LOCAL HEALTH DEPARTME NTS; 14
(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 15
(6) BEHAVIORAL HEALTH PRO GRAMS; 16
(7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 17
COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 18
(8) HEALTH CARE FACILITIE S; 19
(9) ACADEMIC INSTITUTIONS ; 20
(10) RELIGIOUS ORGANIZATIO NS; AND 21
(11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE 22
RECIPIENTS OF MENTAL HEALTH SERVICES . 23
10–1402. 24
(a) There is a Maryland Behavioral Health Crisis Response System in the 25
Behavioral Health Administration. 26
(b) The Crisis Response System shall: 27
4 SENATE BILL 994
(1) Operate a statewide network utilizing existing resources and 1
coordinating interjurisdictional services to develop efficient and effective crisis response 2
systems to serve all individuals in the State, 24 hours a day and 7 days a week; 3
(2) Provide skilled clinical intervention to help prevent suicides, homicides, 4
unnecessary hospitalizations, and arrests or detention, and to reduce dangerous or 5
threatening situations involving individuals in need of behavioral health services; [and] 6
(3) DEVELOP AND MAINTAIN A CENTRALIZED STATEW IDE DATABASE 7
OF MENTAL HEALTH ADV ANCE DIRECTIVES THAT CAN BE READILY ACCES SED TO 8
ASSIST RESPONSES TO BEHAVIORAL HEALTH CR ISES AND THE PROVISI ON OF 9
MENTAL HEALTH SERVIC ES BY FIRST RESPONDE RS, HEALTH CA RE PROVIDERS , 10
CRISIS COMMUNICATION CENTERS, CRISIS TREATMENT CEN TERS, AND ANY OTHER 11
PARTNERS DESIGNATED BY THE ADMINISTRATION ; AND 12
(4) Respond quickly and effectively to community crisis situations. 13
(c) The Administration shall consult with consumers of behavioral health 14
services, family members, and behavioral health advocates in the development of the Crisis 15
Response System. 16
SECTION 2. AND BE IT FURTHER ENACTED, That: 17
(a) (1) The Behavioral Health Administration shall study the feasibility and 18
cost of establishing a centralized statewide database of mental health advance directives 19
that can be readily accessed to assist responses to behavioral health crises and the provision 20
of mental health services by first responders, health care providers, crisis communication 21
centers, crisis treatment centers, and any other partners designated by the Behavioral 22
Health Administration. 23
(2) The study shall include an assessment of the feasibility and costs 24
associated with: 25
(i) incorporating mental health advance directives into the State’s 26
current advance directive registry; 27
(ii) developing and maintaining an independent, centralized 28
statewide database of mental health advance directives; and 29
(iii) incorporating mental health advance directives directly into the 30
State–designated health information exchange. 31
(b) On or before December 1, 2022, the Behavioral Health Administration shall 32
report to the Senate Finance Committee and the House Health and Government 33
Operations Committee, in accordance with § 2–1257 of the State Government Article, on 34
the findings of the study required under subsection (a) of this section. 35 SENATE BILL 994 5
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October July 1, 2022. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.