1. A. If an individual is confined on observation status in an inpatient facility on the basis of an application and certificates for IVA, staff at the inpatient facility shall inform the individual of the individual's status and rights:

   1. (1) By giving the individual the Notice of Status and Rights form described under §C of this regulation and provided by the Administration;
   2. (2) By explaining the information on the form to the individual in English or in the language and terms that are appropriate to the individual's condition and ability to understand; and

   3. (3) At the following times:

      1. (a) Within 12 hours of the individual's initial confinement in an inpatient facility on the basis of application and certificates for IVA under the provisions of Regulations .03 and .04 of this chapter;
      2. (b) When certificates for IVA are executed for the purpose of changing the individual's status in accordance with Regulation .08B of this chapter; and
      3. (c) When certificates are executed for the purpose of recertifying the individual for a semiannual hearing in accordance with Health-General Article, §10-806(d), Annotated Code of Maryland, and Regulation .08C of this chapter.

2. B. Staff shall file a copy of the Notice of Status and Rights form in the individual's medical record and give copies to:

   1. (1) When possible, the individual's parent, guardian, or next of kin; and

   2. (2) If the individual does not understand the notice, the individual's:

      1. (a) Parent, guardian, or next of kin;
      2. (b) The applicant for IVA; and
      3. (c) Any other person who has significant interest in the status of the individual.

3. C. The Administration shall provide a Notice of Status and Rights form that includes the following:

   1. (1) The statutory authority for the notice;
   2. (2) The form number (MDH33) and revision date;
   3. (3) A statement of the rights provided under Health-General Article, §10-631, and Title 10, Subtitle 7, Annotated Code of Maryland;
   4. (4) The right and access to legal counsel provided under Health-General Article, §10-631(a)(2) — (4), Annotated Code of Maryland;
   5. (5) The hearing rights enumerated under Health-General Article, §10-632, Annotated Code of Maryland, and Regulation .09C of this chapter;
   6. (6) The right to request a judicial hearing on the cause and legality of the individual's admission and continued detention according to Health-General Article, §§10-804 and 10-805, Annotated Code of Maryland; and

   7. (7) Spaces for:

      1. (a) The name of the individual;
      2. (b) The name of the inpatient facility;
      3. (c) The basis for the individual's status and the provisions of law pertaining to the status;
      4. (d) The signature of the individual and date that the individual received the notice;
      5. (e) An explanation, if the individual does not sign the notice;
      6. (f) An indication of whether the notice is given to a parent, guardian, or next of kin;
      7. (g) An indication of whether the individual understands the notice; and
      8. (h) Signature of inpatient facility staff who gives the notice to the individual and date that the notice is given.

Authority: Health-General Article, §§7.5-204 — 7.5-205, 10-603, 10-615 — 10-616, 10-619 and 10-806(d)(3), Annotated Code of Maryland

Effective date: December 5, 1970

Amended effective October 1, 1973

Chapter revised effective October 12, 1981 (8:20 Md. R. 1635)

Annotation: COMAR 10.21.01.04B and .07E cited in Attorney General Opinion No. 86-031 (May 12, 1986)

Regulations .01 — .10 repealed and new Regulations .01 — .11 adopted effective September 28, 1992 (19:19 Md. R. 1708)

Regulation .02 amended effective September 13, 1993 (20:18 Md. R. 1430)

Regulation .02B amended effective March 28, 2016 (43:6 Md. R. 409); January 2, 2017 (43:26 Md. R. 1445)

Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)

Regulation .04B amended effective January 2, 2017 (43:26 Md. R. 1445)

Regulation .08C amended effective March 28, 2016 (43:6 Md. R. 409)

Regulation .09 amended effective September 13, 1993 (20:18 Md. R. 1430)

Regulation .10 amended effective March 28, 2016 (43:6 Md. R. 409)