EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0154*
SENATE BILL 154
J1 3lr1010
SB 994/22 – FIN CF 3lr1011
By: Senators Beidle and Augustine
Introduced and read first time: January 17, 2023
Assigned to: Finance
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 Behavioral Health Administration to 6
study the feasibility and cost of establishing a centralized statewide database of 7
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 2022 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 5–615.2 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
5–602.1. 23
(a) In this section, “mental health services” has the meaning stated in § 24
4–301(k)(1) of this article. 25 2 SENATE BILL 154
(b) An individual who is competent may make an advance directive to outline the 1
mental health services which may be provided to the individual if the individual becomes 2
incompetent and has a need for mental health services either during, or as a result of, the 3
incompetency. 4
(c) (1) An individual making an advance directive for mental health services 5
shall follow the procedures for making an advance directive provided under § 5–602 of this 6
subtitle. 7
(2) The procedures provided under § 5–604 of this subtitle for the 8
revocation of an advance directive shall apply to the revocation of an advance directive for 9
mental health services. 10
(d) An advance directive for mental health services may include: 11
(1) The designation of an agent to make mental health services decisions 12
for the declarant; 13
(2) The identification of mental health professionals, programs, and 14
facilities that the declarant would prefer to provide mental health services; 15
(3) A statement of medications preferred by the declarant for psychiatric 16
treatment; and 17
(4) Instruction regarding the notification of third parties and the release of 18
information to third parties about mental health services provided to the declarant. 19
5–615.2. 20
(A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 21
AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE 22
DIRECTIVES IN THE STATE. 23
(B) THE PUBLIC AWARENESS CAMPAIGN SHALL INCLU DE AWARENESS 24
INITIATIVES TO E NCOURAGE AND SUPPORT OUTREACH EFFORTS BY THE 25
FOLLOWING PERSONS AN D GOVERNMENT AGENCIE S TO INFORM PRESENT OR 26
FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 27
FAMILIES, HEALTH CARE PROVIDER S, AND OTHER BEHAVIORAL HEALTH CARE 28
PARTNERS ABOUT ME NTAL HEALTH ADVANCE DIRECTIVES: 29
(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 30
SERVICES; 31
(2) THE DEPARTMENT OF STATE POLICE; 32
SENATE BILL 154 3
(3) THE DEPARTMENT OF VETERANS AFFAIRS; 1
(4) LOCAL HEALTH DEPARTME NTS; 2
(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 3
(6) BEHAVIORAL HEALTH PRO GRAMS; 4
(7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 5
COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 6
(8) HEALTH CARE FACILITIE S; 7
(9) ACADEMIC INSTITUTIONS ; 8
(10) RELIGIOUS ORGANIZATIO NS; AND 9
(11) OTHER PERSONS WHO ENCOUNTE R PRESENT OR FUTURE 10
RECIPIENTS OF MENTAL HEALTH SERVICES . 11
SECTION 2. AND BE IT FURTHER ENACTED, That: 12
(a) (1) The Behavioral Health Administration shall study the feasibility and 13
cost of establishing a centralized statewide database of mental health advance directives 14
that can be readily accessed to assist responses to behavioral health crises and the provision 15
of mental health services by first responders, health care providers, crisis communication 16
centers, crisis treatment centers, and any other partners designated by the Behavioral 17
Health Administration. 18
(2) The study shall include an assessment of the feasibility and costs 19
associated with: 20
(i) incorporating mental health advance directives into the State’s 21
current advance directive registry; 22
(ii) developing and maintaining an independent, centralized 23
statewide database of mental health advance directives; and 24
(iii) incorporating mental health advance directives directly into the 25
State–designated health information exchange. 26
(b) On or before December 1, 2023, the Behavioral Health Administration shall 27
report to the Senate Finance Committee and the House Health and Government 28
Operations Committee, in accordance with § 2–1257 of the State Government Article, on 29
the findings of the study required under subsection (a) of this section. 30
4 SENATE BILL 154
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2023. 2