EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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HOUSE BILL 779
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By: Chair, Judiciary Committee (By Request – Departmental – Public Safety and
Correctional Services)
Introduced and read first time: January 29, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Correctional Services – Medication Review Committee – Administration of 2
Psychotropic Medication to an Incarcerated Individual 3
FOR the purpose of authorizing the establishment of a medication review committee within 4
the Department of Public Safety and Correctional Services that convenes to 5
determine whether to approve the administration of psychotropic medication to a 6
certain incarcerated individual under certain circumstances; providing that 7
psychotropic medication may not be administered to an incarcerated individual who 8
refuses the medication except under certain circumstances; providing for the 9
membership and operating procedures of a medication review comm ittee; 10
establishing certain rights of an incarcerated individual in connection with the 11
convening of a medication review committee; establishing procedures for a certain 12
administrative review of the decision of a medication review committee; requiring a 13
certain treating physician to document certain matters under certain circumstances; 14
and generally relating to medication review committees. 15
BY adding to 16
Article – Correctional Services 17
Section 9–618 18
Annotated Code of Maryland 19
(2017 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Correctional Services 23
9–618. 24
2 HOUSE BILL 779
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CLINICAL SERVICES MANAGEMENT TEAM” MEANS A TEAM 3
CONSISTING OF THE DIRECTOR OF MENTAL HEALTH, THE DEPUTY DIRECTOR OF 4
MENTAL HEALTH, THE CHIEF MEDICAL OFFICER, THE DEPUTY CHIEF MEDICAL 5
OFFICER, AND THE DIRECTOR OF NURSING OF THE DEPARTMENT . 6
(3) “COMMITTEE” MEANS A MEDICATION R EVIEW COMMITTEE 7
ESTABLISHED IN ACCOR DANCE WITH THIS SECT ION THAT CONVENES TO DETERMINE 8
WHETHER TO APPROVE T HE ADMINISTRATION OF PSYCHOTROPIC MEDICAT ION ON 9
A NONEMERGENCY BASIS TO AN INCARCERATED I NDIVIDUAL WHO REFUSE S TO 10
ACCEPT PSYCHOTROPIC MEDICATI ON AS PRESCRIBED . 11
(4) “LAY ADVISOR ” MEANS AN INDIVIDUAL WITHIN THE 12
DEPARTMENT WHO IS KNO WLEDGEABLE ABOUT MEN TAL HEALTH PRACTICE AND 13
CAN ASSIST INCARCERA TED INDIVIDUALS WITH UNDERSTANDING THE PR OCESS 14
OUTLINED IN THIS SEC TION. 15
(5) “LICENSED MENTAL HEALT H INFIRMARY” MEANS A DESIGNATED 16
UNIT WITHIN A STATE CORRECTIONAL FA CILITY THAT IS LICEN SED BY THE 17
MARYLAND DEPARTMENT OF HEALTH AS A MENTAL HE ALTH INFIRMARY . 18
(B) THIS SECTION APPLIES ONLY TO STATE CORRECTIONAL FA CILITIES. 19
(C) PSYCHOTROPIC MEDICATION M AY NOT BE ADMINISTER ED TO AN 20
INCARCERATED INDIVID UAL WHO REFUSES THE MEDICATION, EXCEPT: 21
(1) IN AN EMERGENCY , ON THE ORDER OF A PR ACTITIONER WHEN 22
THE INCARCERATED IND IVIDUAL PRESENTS A D ANGER TO THE LIFE OR SAFETY OF 23
SELF OR OTHERS ; OR 24
(2) IN A NONEMERGENCY , IF THE TREATING PRAC TITIONER HAS 25
RECOMMENDED THE INVO LUNTARY ADMINISTRATI ON OF PSYCHOTROPIC 26
MEDICATION BECAUSE : 27
(I) THE INCARCERATED IND IVIDUAL IS SUFFERING FROM A 28
MENTAL DISORDER RESU LTING IN BEHAVIOR TH AT CREATES A LIKELIHOOD OF 29
SERIOUS HARM TO SELF OR OTHERS; 30
(II) THE INCARCERATED IND IVIDUAL HAS REFUSED TO GIVE 31
INFORMED CONSENT TO THE ADMINISTRATION O F PSYCHOTROPIC MEDIC ATION; 32
HOUSE BILL 779 3
(III) OTHER TREATMENT MODA LITIES, INCLUDING 1
ENCOURAGING VOLUNTAR Y MEDICATION COMPLIANCE , HAVE BEEN ATTEMPTED 2
AND DOCUMENTED IN TH E MEDICAL RECORD ; 3
(IV) THE USE OF PSYCHOTRO PIC MEDICATION IS CL INICALLY 4
INDICATED AS THE MOS T APPROPRIATE TREATM ENT FOR THE INCARCER ATED 5
INDIVIDUAL’S CONDITION ACCORDIN G TO CURRENT PRACTIC E FOR RESTOR ING OR 6
PREVENTING FURTHER D ETERIORATION OF THE INCARCERATED INDIVID UAL’S 7
MENTAL OR PHYSICAL H EALTH; AND 8
(V) A COMMITTEE HAS DETE RMINED, IN ACCORDANCE WITH 9
THE PROVISIONS OF TH IS SECTION, THAT PSYCHOTROPIC ME DICATION SHOULD BE 10
ADMINISTERED OVER TH E OBJECTION OF THE INCARCE RATED INDIVIDUAL . 11
(D) (1) A COMMITTEE SHALL CONS IST OF THE FOLLOWING INDIVIDUALS 12
APPOINTED BY THE DIRECTOR OF MENTAL HEALTH FOR THE DEPARTMENT OR THE 13
DIRECTOR’S DESIGNEE: 14
(I) THE CHIEF PSYCHIATRI ST FOR THE REGION WH ERE THE 15
LICENSED MENTAL HEALTH INFI RMARY IS LOCATED ; 16
(II) ANOTHER PSYCHIATRIST ; AND 17
(III) A MENTAL HEALTH PROF ESSIONAL WHO IS NOT A 18
PHYSICIAN. 19
(2) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S 20
DESIGNEE SHALL APPOI NT A CHAIR OF THE CO MMITTEE FROM AMONG I TS 21
MEMBERSHIP. 22
(3) AN INDIVIDUAL WHO IS DIRECTLY RESPONSIBLE FOR 23
IMPLEMENTING THE TRE ATMENT PLAN FOR THE INCARCERATED INDIVID UAL 24
UNDER REVIEW MAY NOT SERVE AS A MEMBER OF THE COMMITTEE . 25
(E) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 26
SHALL ASS IGN AN IMPARTIAL LAY ADVISOR TO ASSIST TH E INCARCERATED 27
INDIVIDUAL WITH THE PROCESS SET FORTH IN THIS SECTION. 28
(F) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 29
SHALL GIVE THE INCAR CERATED INDIVIDUAL A ND THE LAY ADVISOR W RITTEN 30
NOTICE AT LEAST 5 BUSINESS DAYS BEFORE CONVENING THE COMMIT TEE THAT 31
SHALL INCLUDE THE FO LLOWING INFORMATION : 32
4 HOUSE BILL 779
(1) THE DATE, TIME, AND LOCATION OF THE SCHEDULED COMMITTEE 1
MEETING; 2
(2) THE PURPOSE OF THE C OMMITTEE; AND 3
(3) A COMPLETE DESCRIPTI ON OF THE RIGHTS OF AN INCARCERATED 4
INDIVIDUAL UNDER SUB SECTION (G) OF THIS SECTION. 5
(G) IN CONNECTION WITH TH E CONVENING OF A COM MITTEE, AN 6
INCARCERATED INDIVID UAL HAS THE RIGHT TO : 7
(1) ATTEND THE COMMITTEE MEETING, EXCEPT FOR THE DISCU SSION 8
CONDUCTED TO ARRIVE AT A DECISION; 9
(2) PRESENT INFORMATION , INCLUDING WITNESSES ; 10
(3) ASK QUESTIONS OF ANY PERSON PRESENTING IN FORMATION TO 11
THE COMMITTEE ; 12
(4) REQUEST ASSISTANCE F ROM A LAY ADVISOR ; AND 13
(5) BE INFORMED OF : 14
(I) THE IDENTITY OF THE ASSIGNED LAY ADVISOR ; 15
(II) THE INCARCERATED IND IVIDUAL’S DIAGNOSIS; AND 16
(III) THE CLINICAL NEED FO R THE PSYCHOTROPIC M EDICATION, 17
INCLUDING POTENTIAL SIDE EFFECTS AND MAT ERIAL RISKS AND BENE FITS OF 18
TAKING OR REFUSING T HE MEDICATION . 19
(H) THE CHAIR OF A COMMIT TEE MAY: 20
(1) POSTPONE OR CONTINUE THE COMMITTEE FOR GO OD CAUSE, FOR 21
UP TO 7 DAYS; AND 22
(2) TAKE APPROPRIATE MEA SURES NECESSARY TO C ONDUCT THE 23
COMMITTEE IN AN ORDE RLY MANNER . 24
(I) (1) BEFORE A COMMITTEE ME ETS, THE TREATING PSYCHIA TRIC 25
PROVIDER SHALL PROVI DE A DETAILED REPORT OF T HE INCARCERATED 26
INDIVIDUAL’S MEDICAL RECORD TO INCLUDE: 27
HOUSE BILL 779 5
(I) THE BASIS FOR THE RE QUEST TO ADMINISTER 1
PSYCHOTROPIC MEDICAT IONS ON A NONEMERGEN CY BASIS; 2
(II) THE INCARCERATED IND IVIDUAL’S DIAGNOSIS, DISTURBED 3
BEHAVIORS OBSERVED , AND CURRENT MENTAL STA TUS; 4
(III) A DESCRIPTION OF DAI LY FUNCTIONING ; 5
(IV) RECOMMENDED PSYCHOTR OPIC MEDICATION ; 6
(V) METHODS USED TO ENCO URAGE VOLUNTARY MEDI CATION 7
ADHERENCE ; 8
(VI) VOLUNTARY AND INVOLU NTARY MEDICATION HIS TORY; 9
AND 10
(VII) A DESCRIPTION OF THE LES S INTRUSIVE TREATMEN T 11
ALTERNATIVES CONSIDE RED OR ATTEMPTED . 12
(2) THE REPORT SHALL BE D ISTRIBUTED TO THE CO MMITTEE 13
MEMBERS NOT LESS THA N 72 HOURS BEFORE THE COM MITTEE IS TO MEET . 14
(J) BEFORE DETERMINING WH ETHER TO APPROVE THE ADMINISTRATION 15
OF PSYCHOTROPIC MEDI CATION, THE COMMITTEE SHALL : 16
(1) REVIEW THE REPORT GE NERATED BY THE TREAT ING 17
PSYCHIATRIC PROVIDER UNDER SUBSECTION (I) OF THIS SECTION; AND 18
(2) MEET FOR THE PURPOSE OF RECEIVING INFORMA TION AND 19
CLINICALLY ASSESSING THE INCARCERATED INDIVIDUAL ’S NEED FOR MEDICATIO N 20
BY: 21
(I) CONSULTING WITH THE INCARCERATED INDIVID UAL 22
REGARDING THE REASON FOR REFUSING THE PSY CHOTROPIC MEDICATION 23
PRESCRIBED AND THE I NCARCERATED INDIVIDU AL’S WILLINGNESS TO ACC EPT 24
ALTERNATIVE TREATMEN T, INCLUDING OTHER MEDI CATION; 25
(II) CONSULTING WITH THE TREATING CLINICIANS WHO ARE 26
RESPONSIBLE FOR INIT IATING AND IMPLEMENT ING THE INCARCERATED 27
INDIVIDUAL’S TREATMENT PLAN ABO UT THE CURRENT TREAT MENT PLAN AND 28
ALTERNATIVE MODES OF TREATMENT , INCLUDING MEDICATIONS , THAT HAVE BEEN 29
CONSIDERED ; 30
6 HOUSE BILL 779
(III) RECEIVING INFORMATIO N PRESENTED BY THE 1
INCARCERATED INDIVID UAL AND OTHER INDIVI DUALS PARTICIPATING IN THE 2
COMMITTEE ; 3
(IV) PROVIDING THE INCARC ERATED INDIVIDUAL WI TH AN 4
OPPORTUNITY TO ASK Q UESTIONS OF AN YONE PRESENTING INFO RMATION TO THE 5
COMMITTEE ; AND 6
(V) REVIEWING THE CONSEQ UENCES OF REQUIRING THE 7
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N AND THE CONSEQUENC ES OF 8
CONTINUED REFUSAL OF PSYCHOTROPIC MEDICAT ION. 9
(K) THE COMMITTEE MAY APP ROVE THE ADMINI STRATION OF 10
PSYCHOTROPIC MEDICAT ION AND MAY RECOMMEN D AND APPROVE ALTERN ATIVE 11
MEDICATIONS , IF THE COMMITTEE DET ERMINES THAT : 12
(1) THE MEDICATION IS PR ESCRIBED BY A PSYCHI ATRIC PROVIDER 13
FOR THE PURPOSE OF T REATING THE INCARCER ATED INDIVIDUAL ’S MENTAL 14
DISORDER; 15
(2) THE ADMINISTRATION O F PSYCHOTROPIC MEDIC ATION 16
REPRESENTS A REASONA BLE EXERCISE OF PROF ESSIONAL JUDGMENT ; AND 17
(3) WITHOUT THE MEDICATI ON, THE INCARCERATED IND IVIDUAL IS 18
AT SUBSTANTIAL RISK OF CONTINUED SELF –HARM AND DANGEROUS B EHAVIORS 19
RESULTING FROM THE INDIVI DUAL: 20
(I) REMAINING SERIOUSLY MENTALLY ILL WITH NO 21
SIGNIFICANT RELIEF O F THE PSYCHIATRIC SY MPTOMS THAT : 22
1. CAUSE THE INCARCERAT ED INDIVIDUAL TO BE A 23
DANGER TO SELF OR OT HERS WHILE IN THE LI CENSED MENTAL HEALTH INFIRMARY; 24
OR 25
2. WOULD CAUSE THE INCA RCERATED INDIVIDUAL TO 26
BE A CONTINUED DANGE R TO SELF AND OTHER INCARCERATED INDIVID UALS IF 27
DISCHARGED FROM THE LICENSED MENTAL HEAL TH INFIRMARY; OR 28
(II) RELAPSING INTO A CON DITION IN WHICH THE 29
INCARCERATED INDIVID UAL IS UNABLE TO PROVIDE FOR THE I NDIVIDUAL’S OWN 30
ESSENTIAL HUMAN NEED S OF HEALTH AND SAFE TY. 31
HOUSE BILL 779 7
(L) (1) A COMMITTEE SHALL BASE ITS DECISION ON ITS CLINICAL 1
ASSESSMENT OF THE IN FORMATION CONTAINED IN THE INCARCERATED 2
INDIVIDUAL’S RECORD AND INFORMA TION PRESENTED TO TH E COMMITTEE. 3
(2) A COMMITTEE SHALL MEET PRIVATELY TO RENDER A DECISION. 4
(M) (1) THE COMMITTEE SHALL D OCUMENT ITS CONSIDER ATION OF THE 5
ISSUES AND THE BASIS FOR ITS DECISION ON THE ADMINISTRATION O F 6
PSYCHOTROPIC MEDICAT ION. 7
(2) THE COMMITTEE SHALL PROVIDE A WRITTEN DE CISION ON THE 8
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N, WHICH SHALL BE PROVI DED TO 9
THE INCARCERATED IND IVIDUAL, THE LAY ADVISOR , AND THE INCARCERATED 10
INDIVIDUAL’S TREATMENT TEAM FOR INCLUSION IN THE MED ICAL RECORD. 11
(3) IF A COMMITTE E APPROVES THE ADMIN ISTRATION OF 12
PSYCHOTROPIC MEDICAT ION, THE DECISION SHALL S PECIFY: 13
(I) THE PSYCHOTROPIC MED ICATION APPROVED AND THE 14
DOSAGE AND FREQUENCY RANGE; 15
(II) THE DURATION OF THE APPROVAL, NOT TO EXCEED THE 16
MAXIMUM TIME ALLOWED UNDER SUBSE CTION (P) OF THIS SECTION; AND 17
(III) THE REASON THAT ALTE RNATIVE TREATMENTS , INCLUDING 18
OTHER MEDICATION , WERE REJECTED BY THE COMMITTEE. 19
(4) IF A COMMITTEE APPROV ES THE ADMINISTRATIO N OF 20
PSYCHOTROPIC MEDICAT ION, THE DECISION SHALL C ONTAIN NOTICE OF THE RIGHT 21
TO REQUEST AN ADMINI STRATIVE REVIEW UNDE R SUBSECTION (O) OF THIS 22
SECTION. 23
(N) IF A COMMITTEE APPROV ES THE ADMINISTRATIO N OF PSYCHOTROPIC 24
MEDICATION, THE LAY ADVISOR PROM PTLY SHALL: 25
(1) INFORM THE INCARCERA TED INDIVIDUAL OF TH E RIGHT TO SEEK 26
ADMINISTRATIVE REVIE W OF THE DECISION UN DER SUBSECTION (O) OF THIS 27
SECTION; AND 28
(2) ADVISE THE INCARCERA TED INDIVIDUAL OF TH E PROVISION FOR 29
RENEWAL OF AN APPROV AL UNDER SUBSECTION (P) OF THIS SECTION. 30
8 HOUSE BILL 779
(O) (1) AN INCARCERATED INDIV IDUAL MAY REQUEST AN 1
ADMINISTRATIVE REVIE W BY THE CLINICAL SERVICES MANAGEMENT TEAM WITHIN 2
2 BUSINESS DAYS AFTER RECEIPT OF THE DECIS ION OF THE COMMITTEE . 3
(2) WITHIN 1 BUSINESS DAY AFTER R ECEIPT OF A REQUEST FOR AN 4
ADMINISTRATIVE REVIE W, THE LAY ADVISOR SHAL L FORWARD THE RE QUEST TO 5
THE CLINICAL SERVICES MANAGEMENT TEAM. 6
(3) (I) AN INITIAL COMMITTEE DECISION AUTHORIZING THE 7
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N SHALL BE STAYED FO R 2 8
BUSINESS DAYS. 9
(II) IF A REQUEST FOR ADMI NISTRATIVE REVIEW IS FILED 10
UNDER THIS SUBSECTION, THE STAY SHALL REMAI N IN EFFECT UNTIL TH E 11
ISSUANCE OF THE ADMI NISTRATIVE DECISION . 12
(4) THE CLINICAL SERVICES MANAGEMENT TEAM SHALL ISSUE A 13
DECISION WITHIN 7 CALENDAR DAYS AFTER THE DECISION BY THE COMMITTEE. 14
(5) THE TREATING CLINICAL TEAM SHALL IMPLEMENT IMME DIATELY 15
ON RECEIPT THE DECIS ION OF THE CLINICAL SERVICES MANAGEMENT TEAM. 16
(P) (1) ADMINISTRATION OF PSY CHOTROPIC MEDICATION IN 17
ACCORDANCE WITH THIS SECTION MAY NOT BE A PPROVED FOR LONGER T HAN 90 18
DAYS. 19
(2) (I) BEFORE EXPIRATION OF AN APPROVAL PERIOD U NDER 20
PARAGRAPH (1) OF THIS SUBSECTION , IF THE INCARCERATED INDIVIDUAL 21
CONTINUES TO REFUSE PSYCHOTROPIC MEDICAT ION, A COMMITTEE MAY BE 22
CONVENED TO DECIDE W HETHER RENEWAL IS WA RRANTED. 23
(II) IF A COMMITTEE APPROV ES THE RENEWAL OF TH E 24
ADMINISTRATION OF PSY CHOTROPIC MEDICATION , THE ADMINISTRATION O F 25
MEDICATION NEED NOT BE INTERRUPTED WHEN THE INCARCERATED IND IVIDUAL 26
REQUESTS ADMINISTRAT IVE REVIEW OF THE RE NEWAL. 27
(Q) WHEN PSYCHOTROPIC MED ICATION IS ORDERED I N ACCORDANCE WITH 28
THIS SECTION, NOT LESS FREQUENTLY THAN EVERY 15 DAYS, THE TREATING 29
PHYSICIAN SHALL DOCU MENT ANY KNOWN BENEF ITS OF TAKING THE ME DICATION 30
TO THE INCARCERATED INDIVIDUAL AND SIDE EFFECTS OF THE MEDIC ATION THAT 31
AFFECT THE INCARCERA TED INDIVIDUAL . 32
SECTION 2. AND BE IT FU RTHER ENACTED, That this Act shall take effect 33
October 1, 2025. 34