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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 7, 2023
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 Behavioral Health Administration and 6
the Maryland Health Care Commission jointly to study the feasibility and cost of 7
establishing a centralized statewide database of mental health advance directives 8
how first responders and behavioral health crisis providers can access a certain 9
advanced directive database when responding to a behavioral health crisis; and 10
generally relating to mental health advance directives. 11
BY repealing and reenacting, without amendments, 12
Article – Health – General 13
Section 5–602.1 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2022 Supplement) 16
BY adding to 17
Article – Health – General 18
Section 5–615.2 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2022 Supplement) 21
2 SENATE BILL 154
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
5–602.1. 4
(a) In this section, “mental health services” has the meaning stated in § 5
4–301(k)(1) of this article. 6
(b) An individual who is competent may make an advance directive to outline the 7
mental health services which may be provided to the individual if the individual becomes 8
incompetent and has a need for mental health services either during, or as a result of, the 9
incompetency. 10
(c) (1) An individual making an advance directive for mental health services 11
shall follow the procedures for making an advance directive provided under § 5–602 of this 12
subtitle. 13
(2) The procedures provided under § 5–604 of this subtitle for the 14
revocation of an advance directive shall apply to the revocation of an advance directive for 15
mental health services. 16
(d) An advance directive for mental health services may include: 17
(1) The designation of an agent to make mental health services decisions 18
for the declarant; 19
(2) The identification of mental health professionals, programs, and 20
facilities that the declarant would prefer to provide mental health services; 21
(3) A statement of medications preferred by the declarant for psychiatric 22
treatment; and 23
(4) Instruction regarding the notification of third parties and the release of 24
information to third parties about mental health services provided to the declarant. 25
5–615.2. 26
(A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 27
AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE 28
DIRECTIVES IN THE STATE. 29
(B) THE PUBLIC AWARENESS CAM PAIGN SHALL INCLUDE AWARENESS 30
INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE 31
FOLLOWING PERSONS AN D GOVERNMENT AGENCIE S TO INFORM PRESENT OR 32 SENATE BILL 154 3
FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 1
FAMILIES, HEALTH CARE PROVIDERS , AND OTHER BEHAVIORAL HEALTH CARE 2
PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES: 3
(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 4
SERVICES; 5
(2) THE DEPARTMENT OF STATE POLICE; 6
(3) THE DEPARTMENT OF VETERANS AFFAIRS; 7
(4) LOCAL HEALTH DEPARTME NTS; 8
(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 9
(6) BEHAVIORAL HEALTH PRO GRAMS; 10
(7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 11
COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 12
(8) HEALTH CARE FACILITIE S; 13
(9) ACADEMIC INSTITUTIONS ; 14
(10) RELIGIOUS ORGANIZATIO NS; AND 15
(11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE 16
RECIPIENTS OF MENTAL HEALTH SERVICES . 17
SECTION 2. AND BE IT FURTHER ENACTED, That: 18
(a) (1) The Behavioral Health Administration and the Maryland Health Care 19
Commission jointly shall study the feasibility and cost of establishing a centralized 20
statewide database of mental health advance directives that can be readily accessed to 21
assist responses to behavioral health crises and the provision of mental health services by 22
first responders, health care providers, crisis communication centers, crisis treatment 23
centers, and any other partners designated by the Behavioral Health Administration. 24
(2) The study shall include an assessment of the feasibility and costs 25
associated with: 26
(i) incorporating mental health advance directives into the State’s 27
current advance directive registry; 28
(ii) developing and maintaining an independent, centralized 29
statewide database of mental health advance directives; and 30 4 SENATE BILL 154
(iii) incorporating mental health advance directives directly into the 1
State–designated health information exchange how first responders and behavioral health 2
crisis providers can access the advanced directives database developed by the Maryland 3
Health Care Commission, in collaboration with the State–designated health information 4
exchange, in accordance with § 19–145.1 of the Health – General Article when responding 5
to a behavioral health crisis. 6
(b) On or before December 1, 2023, the Behavioral Health Administration and the 7
Maryland Health Care Commission jointly shall report to the Senate Finance Committee 8
and the House Health and Government Operations Committee, in accordance with § 9
2–1257 of the State Government Article, on the findings of the study required under 10
subsection (a) of this section. 11
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2023. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.