Md. Code Ann., Health-Gen. § 10-6A-09
Stays, vacations, or modifications of order
Effective Jul 1, 2025Added by Acts 2024, c. 703, § 1, eff. July 1, 2025; Acts 2024, c. 704, § 1, eff. July 1, 2025.State of Maryland
- (a) In this section, “material change” means an addition or a deletion of a category of services to or from the treatment plan.
- (b) At any time during the period of an order for assisted outpatient treatment, a petitioner, a care coordination team member, or a respondent may move that the court stay, vacate, or modify the order.
- (c) A respondent under an order under this subtitle is not required to comply with a material change to the treatment plan unless the material change is explicitly authorized in advance by the terms of the order or incorporated by the court on a finding by clear and convincing evidence that the material change is essential to the maintenance of the respondent's health or safety.
(d)
- (1) Subject to paragraph (2) of this subsection, not later than 30 days after receiving a motion, and any timely responses to the motion, for a material change to the incorporated treatment plan, the court shall issue a ruling on the motion and any timely responses to the motion.
- (2) If the respondent informs the court that the respondent agrees to the proposed material change, the court may incorporate the material change into the treatment plan.
- (e) A respondent under an assisted outpatient treatment order is required to comply with nonmaterial changes to the treatment plan without further action by the court.
(f)
- (1) This section may not be construed to require a treating psychiatrist to delay changes to the respondent's treatment plan as circumstances may immediately require.
(2) If a treating psychiatrist makes a change to a treatment plan due to immediate necessity, a care coordination team member shall notify the following:
- (i) The respondent;
- (ii) The respondent's attorney; and
- (iii) If applicable and known, the respondent's guardian and health care agent.
Added by Acts 2024, c. 703, § 1, eff. July 1, 2025; Acts 2024, c. 704, § 1, eff. July 1, 2025.