MD
Maryland Senate Bill SB154

Maryland 2023 Regular Session

Maryland Senate Bill SB154 Compare Versions

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1- WES MOORE, Governor Ch. 297
21
3-– 1 –
4-Chapter 297
5-(Senate Bill 154)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0154*
89
9-Public Health – Mental Health Advance Directives – Awareness and Statewide
10-Database
10+SENATE BILL 154
11+J1 3lr1010
12+SB 994/22 – FIN CF 3lr1011
13+By: Senators Beidle and Augustine
14+Introduced and read first time: January 17, 2023
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 7, 2023
1119
12-FOR the purpose of requiring the Maryland Department of Health to develop and
13-implement a public awareness campaign to encourage the use of mental health
14-advance directives in the State; requiring the Behavioral Health Administration and
15-the Maryland Health Care Commission jointly to study the feasibility and cost of
16-establishing a centralized statewide database of mental health advance directives
17-how first responders and behavioral health crisis providers can access a certain
18-advanced directive database when responding to a behavioral health crisis; and
19-generally relating to mental health advance directives.
20+CHAPTER ______
2021
21-BY repealing and reenacting, without amendments,
22- Article – Health – General
23-Section 5–602.1
24- Annotated Code of Maryland
25- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2623
27-BY adding to
28- Article – Health – General
29-Section 5–615.2
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2022 Supplement)
24+Public Health – Mental Health Advance Directives – Awareness and Statewide 2
25+Database 3
3226
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring the Maryland Department of Health to develop and 4
28+implement a public awareness campaign to encourage the use of mental health 5
29+advance directives in the State; requiring the Behavioral Health Administration and 6
30+the Maryland Health Care Commission jointly to study the feasibility and cost of 7
31+establishing a centralized statewide database of mental health advance directives 8
32+how first responders and behavioral health crisis providers can access a certain 9
33+advanced directive database when responding to a behavioral health crisis; and 10
34+generally relating to mental health advance directives. 11
3535
36-Article – Health – General
36+BY repealing and reenacting, without amendments, 12
37+ Article – Health – General 13
38+Section 5–602.1 14
39+ Annotated Code of Maryland 15
40+ (2019 Replacement Volume and 2022 Supplement) 16
3741
38-5–602.1.
42+BY adding to 17
43+ Article – Health – General 18
44+Section 5–615.2 19
45+ Annotated Code of Maryland 20
46+ (2019 Replacement Volume and 2022 Supplement) 21
47+ 2 SENATE BILL 154
3948
40- (a) In this section, “mental health services” has the meaning stated in §
41-4–301(k)(1) of this article.
4249
43- (b) An individual who is competent may make an advance directive to outline the
44-mental health services which may be provided to the individual if the individual becomes
45-incompetent and has a need for mental health services either during, or as a result of, the
46-incompetency.
47- Ch. 297 2023 LAWS OF MARYLAND
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4852
49-– 2 –
50- (c) (1) An individual making an advance directive for mental health services
51-shall follow the procedures for making an advance directive provided under § 5–602 of this
52-subtitle.
53+Article – Health – General 3
5354
54- (2) The procedures provided under § 5–604 of this subtitle for the
55-revocation of an advance directive shall apply to the revocation of an advance directive for
56-mental health services.
55+5–602.1. 4
5756
58- (d) An advance directive for mental health services may include:
57+ (a) In this section, “mental health services” has the meaning stated in § 5
58+4–301(k)(1) of this article. 6
5959
60- (1) The designation of an agent to make mental health services decisions
61-for the declarant;
60+ (b) An individual who is competent may make an advance directive to outline the 7
61+mental health services which may be provided to the individual if the individual becomes 8
62+incompetent and has a need for mental health services either during, or as a result of, the 9
63+incompetency. 10
6264
63- (2) The identification of mental health professionals, programs, and
64-facilities that the declarant would prefer to provide mental health services;
65+ (c) (1) An individual making an advance directive for mental health services 11
66+shall follow the procedures for making an advance directive provided under § 5–602 of this 12
67+subtitle. 13
6568
66- (3) A statement of medications preferred by the declarant for psychiatric
67-treatment; and
69+ (2) The procedures provided under § 5–604 of this subtitle for the 14
70+revocation of an advance directive shall apply to the revocation of an advance directive for 15
71+mental health services. 16
6872
69- (4) Instruction regarding the notification of third parties and the release of
70-information to third parties about mental health services provided to the declarant.
73+ (d) An advance directive for mental health services may include: 17
7174
72-5–615.2.
75+ (1) The designation of an agent to make mental health services decisions 18
76+for the declarant; 19
7377
74- (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC
75-AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE
76-DIRECTIVES IN THE STATE.
78+ (2) The identification of mental health professionals, programs, and 20
79+facilities that the declarant would prefer to provide mental health services; 21
7780
78- (B) THE PUBLIC AWARENESS CAMPAI GN SHALL INCLUDE AWA RENESS
79-INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE
80-FOLLOWING PERSONS AN D GOVERNMENT AGENCIE S TO INFORM PRESENT OR
81-FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR
82-FAMILIES, HEALTH CAR E PROVIDERS , AND OTHER BEHAVIORAL HEALTH CARE
83-PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES:
81+ (3) A statement of medications preferred by the declarant for psychiatric 22
82+treatment; and 23
8483
85- (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
86-SERVICES;
84+ (4) Instruction regarding the notification of third parties and the release of 24
85+information to third parties about mental health services provided to the declarant. 25
8786
88- (2) THE DEPARTMENT OF STATE POLICE;
87+5–615.2. 26
8988
90- (3) THE DEPARTMENT OF VETERANS AFFAIRS;
89+ (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC 27
90+AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE 28
91+DIRECTIVES IN THE STATE. 29
9192
92- (4) LOCAL HEALTH DEPARTMENTS ;
93+ (B) THE PUBLIC AWARENESS CAM PAIGN SHALL INCLUDE AWARENESS 30
94+INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE 31
95+FOLLOWING PERSONS AN D GOVERNMENT AGENCIE S TO INFORM PRESENT OR 32 SENATE BILL 154 3
9396
94- (5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; WES MOORE, Governor Ch. 297
9597
96-– 3 –
98+FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR 1
99+FAMILIES, HEALTH CARE PROVIDERS , AND OTHER BEHAVIORAL HEALTH CARE 2
100+PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES: 3
97101
98- (6) BEHAVIORAL HEALTH PRO GRAMS;
102+ (1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL 4
103+SERVICES; 5
99104
100- (7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL
101-COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ;
105+ (2) THE DEPARTMENT OF STATE POLICE; 6
102106
103- (8) HEALTH CARE FACILITIE S;
107+ (3) THE DEPARTMENT OF VETERANS AFFAIRS; 7
104108
105- (9) ACADEMIC INSTITUTIONS;
109+ (4) LOCAL HEALTH DEPARTME NTS; 8
106110
107- (10) RELIGIOUS ORGANIZATIO NS; AND
111+ (5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; 9
108112
109- (11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE
110-RECIPIENTS OF MENTAL HEALTH SERVICES .
113+ (6) BEHAVIORAL HEALTH PRO GRAMS; 10
111114
112- SECTION 2. AND BE IT FURTHER ENACTED, That:
115+ (7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL 11
116+COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ; 12
113117
114- (a) (1) The Behavioral Health Administration and the Maryland Health Care
115-Commission jointly shall study the feasibility and cost of establishing a centralized
116-statewide database of mental health advance directives that can be readily accessed to
117-assist responses to behavioral health crises and the provision of mental health services by
118-first responders, health care providers, crisis communication centers, crisis treatment
119-centers, and any other partners designated by the Behavioral Health Administration.
118+ (8) HEALTH CARE FACILITIE S; 13
120119
121- (2) The study shall include an assessment of the feasibility and costs
122-associated with:
120+ (9) ACADEMIC INSTITUTIONS ; 14
123121
124- (i) incorporating mental health advance directives into the State’s
125-current advance directive registry;
122+ (10) RELIGIOUS ORGANIZATIO NS; AND 15
126123
127- (ii) developing and maintaining an independent, centralized
128-statewide database of mental health advance directives; and
124+ (11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE 16
125+RECIPIENTS OF MENTAL HEALTH SERVICES . 17
129126
130- (iii) incorporating mental health advance directives directly into the
131-State–designated health information exchange how first responders and behavioral health
132-crisis providers can access the advanced directives database developed by the Maryland
133-Health Care Commission, in collaboration with the State–designated health information
134-exchange, in accordance with § 19–145.1 of the Health – General Article when responding
135-to a behavioral health crisis.
127+ SECTION 2. AND BE IT FURTHER ENACTED, That: 18
136128
137- (b) On or before December 1, 2023, the Behavioral Health Administration and the
138-Maryland Health Care Commission jointly shall report to the Senate Finance Committee
139-and the House Health and Government Operations Committee, in accordance with §
140-2–1257 of the State Government Article, on the findings of the study required under
141-subsection (a) of this section.
142- Ch. 297 2023 LAWS OF MARYLAND
129+ (a) (1) The Behavioral Health Administration and the Maryland Health Care 19
130+Commission jointly shall study the feasibility and cost of establishing a centralized 20
131+statewide database of mental health advance directives that can be readily accessed to 21
132+assist responses to behavioral health crises and the provision of mental health services by 22
133+first responders, health care providers, crisis communication centers, crisis treatment 23
134+centers, and any other partners designated by the Behavioral Health Administration. 24
143135
144-– 4 –
145- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
146-1, 2023.
136+ (2) The study shall include an assessment of the feasibility and costs 25
137+associated with: 26
147138
148-Approved by the Governor, May 3, 2023.
139+ (i) incorporating mental health advance directives into the State’s 27
140+current advance directive registry; 28
141+
142+ (ii) developing and maintaining an independent, centralized 29
143+statewide database of mental health advance directives; and 30 4 SENATE BILL 154
144+
145+
146+
147+ (iii) incorporating mental health advance directives directly into the 1
148+State–designated health information exchange how first responders and behavioral health 2
149+crisis providers can access the advanced directives database developed by the Maryland 3
150+Health Care Commission, in collaboration with the State–designated health information 4
151+exchange, in accordance with § 19–145.1 of the Health – General Article when responding 5
152+to a behavioral health crisis. 6
153+
154+ (b) On or before December 1, 2023, the Behavioral Health Administration and the 7
155+Maryland Health Care Commission jointly shall report to the Senate Finance Committee 8
156+and the House Health and Government Operations Committee, in accordance with § 9
157+2–1257 of the State Government Article, on the findings of the study required under 10
158+subsection (a) of this section. 11
159+
160+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
161+1, 2023. 13
162+
163+
164+
165+
166+Approved:
167+________________________________________________________________________________
168+ Governor.
169+________________________________________________________________________________
170+ President of the Senate.
171+________________________________________________________________________________
172+ Speaker of the House of Delegates.