Md. Code Regs. 10.63.07.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.63.07.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Behavioral Health Administration and its agents or designees.

(2) "Administrative law judge (ALJ)" means an individual in the Office of Administrative Hearings authorized under State Government Article, §9-1604, Annotated Code of Maryland, to conduct hearings under this chapter.

(3) "Application" means the application made by the inpatient facility to the Administration, which seeks the voluntary or involuntary outpatient admission of an individual to the outpatient civil commitment pilot program.

(4) "Baltimore City resident" means an individual who:

(a) Has a current residence in Baltimore City; or

(b) Is willing to establish a residence in Baltimore City.

(5) "Department" means the Maryland Department of Health.

(6) "Discharge" means the removal or withdrawal of an individual from the outpatient civil commitment pilot program and the termination of the outpatient civil commitment order.

(7) "Federal grant program funding" means the funding awarded pursuant to the Substance Abuse Mental Health Services Administration's Assisted Outpatient Treatment Grant Program for Individuals with Serious Mental Illness, established by the Protecting Access to Medicare Act of 2014, section 224.

(8) "Inpatient facility" means a private inpatient hospital that provides, or purports to provide, treatment to individuals with mental disorders.

(9) "Involuntary inpatient facility admissions" means that an individual has been admitted to an inpatient facility by an ALJ following an involuntary admission hearing pursuant to Health-General Article, §10-632, Annotated Code of Maryland.

(10) "Involuntary outpatient admission" means the admission of an individual into the outpatient civil commitment pilot program who shall be subject to conditions imposed by the Administration and ordered by an ALJ following a hearing as described in this chapter.

(11) "Legal service provider" means the entity that the Department designates to provide representation for an individual at the proceedings described in this chapter.

(12) "Licensed certified social worker-clinical" means an individual who is licensed, certified, or otherwise legally authorized to independently provide the mental health service under Health Occupations Article, Title 19, Annotated Code of Maryland.

(13) "Licensed clinical professional counselor" means an individual who is licensed, certified, or otherwise legally authorized to independently provide the mental health service under Health Occupations Article, Title 17, Annotated Code of Maryland.

(14) "Licensed master social worker" means an individual who is licensed, certified, or otherwise legally authorized to independently provide the mental health service under Health Occupations Article, Title 19, Annotated Code of Maryland.

(15) Mental Disorder.

(a) "Mental disorder" means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

(b) "Mental disorder" includes a mental illness that substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the individual or property of another.

(c) "Mental disorder" does not include mental retardation or a primary diagnosis of alcohol or drug abuse.

(16) "Office of Administrative Hearings" means the office created under State Government Article, §9-1602, Annotated Code of Maryland.

(17) "Order" means the formal written order issued by an Administrative Law Judge committing an individual into the outpatient civil commitment pilot program.

(18) "Outpatient civil commitment (OCC) pilot program" means the program established by the Behavioral Health Administration to provide community-based treatment and supports to:

(a) Individuals involuntarily ordered by an ALJ to participate in the OCC pilot program as a condition of release from inpatient admission: or

(b) Individuals who choose to participate in the OCC pilot program voluntarily after a settlement conference with an ALJ, the legal service provider, and a representative of the inpatient facility.

(19) "Physician" means an individual licensed under Health Occupations Article, Title 14, Annotated Code of Maryland, to practice medicine in this State.

(20) "Program" means the outpatient civil commitment (OCC) pilot program.

(21) "Psychiatric nurse practitioner" means an individual licensed to practice registered nursing in this State and certified to practice as an advanced practice registered nurse/psychiatric mental health (APRN/PMH) under Health Occupations Article, Title 8, Annotated Code of Maryland.

(22) "Psychiatrist" means a physician who:

(a) Is licensed by the Maryland Board of Physicians: and

(b) Is either:

(i) Certified in psychiatry by the American Board of Psychiatry and Neurology; or

(ii) Has completed the minimum educational and training requirements to be qualified to take the Board of Psychiatry and Neurology examination for certification in psychiatry.

(23) "Psychologist" means an individual who is:

(a) Licensed under Health Occupations Article, Title 18, Annotated Code of Maryland, to practice psychology: and

(b) Listed in the National Register of Health Service Providers in Psychology.

(24) "Release" means the authorization for an individual who is confined in an inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland, to leave the inpatient facility on the condition of admission to the OCC pilot program.

(25) "Voluntary inpatient admission " means the admission of an individual to an inpatient facility on the basis of

(a) A signed and endorsed formal application for voluntary admission pursuant to Health-General Article, § 10-609 or 10-610, Annotated Code of Maryland;

(b) An informal request for admission pursuant to Health-General Article, § 10-609, Annotated Code of Maryland; or

(c) If the voluntary admission is to a VA hospital, the procedure established by the VA hospital.

(26) "Voluntary outpatient admission" means the admission of an individual to the outpatient civil commitment pilot program described in this chapter voluntarily after a settlement conference with an ALJ, the legal service provider, and a representative of the inpatient facility.

Md. Code Regs. 10.63.07.02

Regulation .02 adopted effective 44:22 Md. R. 1037, eff. 11/6/2017; amended effective 46:18 Md. R. 774, eff. 9/9/2019