WES MOORE, Governor Ch. 297
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Chapter 297
(Senate Bill 154)
AN ACT concerning
Public Health – Mental Health Advance Directives – Awareness and Statewide
Database
FOR the purpose of requiring the Maryland Department of Health to develop and
implement a public awareness campaign to encourage the use of mental health
advance directives in the State; requiring the Behavioral Health Administration and
the Maryland Health Care Commission jointly to study the feasibility and cost of
establishing a centralized statewide database of mental health advance directives
how first responders and behavioral health crisis providers can access a certain
advanced directive database when responding to a behavioral health crisis; and
generally relating to mental health advance directives.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 5–602.1
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY adding to
Article – Health – General
Section 5–615.2
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
5–602.1.
(a) In this section, “mental health services” has the meaning stated in §
4–301(k)(1) of this article.
(b) An individual who is competent may make an advance directive to outline the
mental health services which may be provided to the individual if the individual becomes
incompetent and has a need for mental health services either during, or as a result of, the
incompetency.
Ch. 297 2023 LAWS OF MARYLAND
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(c) (1) An individual making an advance directive for mental health services
shall follow the procedures for making an advance directive provided under § 5–602 of this
subtitle.
(2) The procedures provided under § 5–604 of this subtitle for the
revocation of an advance directive shall apply to the revocation of an advance directive for
mental health services.
(d) An advance directive for mental health services may include:
(1) The designation of an agent to make mental health services decisions
for the declarant;
(2) The identification of mental health professionals, programs, and
facilities that the declarant would prefer to provide mental health services;
(3) A statement of medications preferred by the declarant for psychiatric
treatment; and
(4) Instruction regarding the notification of third parties and the release of
information to third parties about mental health services provided to the declarant.
5–615.2.
(A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A PUBLIC
AWARENESS CAMPAIGN T O ENCOURAGE THE USE OF MENTAL HEALTH ADV ANCE
DIRECTIVES IN THE STATE.
(B) THE PUBLIC AWARENESS CAMPAI GN SHALL INCLUDE AWA RENESS
INITIATIVES TO ENCOU RAGE AND SUPPORT OUT REACH EFFORTS BY THE
FOLLOWING PERSONS AN D GOVERNMENT AGENCIE S TO INFORM PRESENT OR
FUTURE RECIPIENTS OF MENTAL HEALTH SERVIC ES AND MEMBERS OF TH EIR
FAMILIES, HEALTH CAR E PROVIDERS , AND OTHER BEHAVIORAL HEALTH CARE
PARTNERS ABOUT MENTA L HEALTH ADVANCE DIR ECTIVES:
(1) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES;
(2) THE DEPARTMENT OF STATE POLICE;
(3) THE DEPARTMENT OF VETERANS AFFAIRS;
(4) LOCAL HEALTH DEPARTMENTS ;
(5) LOCAL BEHAVIORAL HEAL TH AUTHORITIES ; WES MOORE, Governor Ch. 297
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(6) BEHAVIORAL HEALTH PRO GRAMS;
(7) PRACTICING PSYCHIATRI STS, PSYCHOLOGISTS , PROFESSIONAL
COUNSELORS AND THERA PISTS, AND SOCIAL WORKERS ;
(8) HEALTH CARE FACILITIE S;
(9) ACADEMIC INSTITUTIONS;
(10) RELIGIOUS ORGANIZATIO NS; AND
(11) OTHER PERSONS WHO ENC OUNTER PRESENT OR FU TURE
RECIPIENTS OF MENTAL HEALTH SERVICES .
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) (1) The Behavioral Health Administration and the Maryland Health Care
Commission jointly shall study the feasibility and cost of establishing a centralized
statewide database of mental health advance directives that can be readily accessed to
assist responses to behavioral health crises and the provision of mental health services by
first responders, health care providers, crisis communication centers, crisis treatment
centers, and any other partners designated by the Behavioral Health Administration.
(2) The study shall include an assessment of the feasibility and costs
associated with:
(i) incorporating mental health advance directives into the State’s
current advance directive registry;
(ii) developing and maintaining an independent, centralized
statewide database of mental health advance directives; and
(iii) incorporating mental health advance directives directly into the
State–designated health information exchange how first responders and behavioral health
crisis providers can access the advanced directives database developed by the Maryland
Health Care Commission, in collaboration with the State–designated health information
exchange, in accordance with § 19–145.1 of the Health – General Article when responding
to a behavioral health crisis.
(b) On or before December 1, 2023, the Behavioral Health Administration and the
Maryland Health Care Commission jointly shall report to the Senate Finance Committee
and the House Health and Government Operations Committee, in accordance with §
2–1257 of the State Government Article, on the findings of the study required under
subsection (a) of this section.
Ch. 297 2023 LAWS OF MARYLAND
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 3, 2023.