1. A. Staff at an inpatient facility shall inform an individual of the individual's right to an IVA hearing in accordance with the requirements for providing Notice of Status and Rights delineated in Regulation .05 of this chapter.

2. B. Staff shall give the Notice of Hearing:

   1. (1) Orally; and

   2. (2) On the form provided by the OAH which shall include:

      1. (a) The date, time, and place that the hearing will be held;
      2. (b) The legal authority for and purpose of the hearing;
      3. (c) A short statement explaining why the individual's involuntary admission is being sought;
      4. (d) The standards delineated in Health-General Article, §10-632, Annotated Code of Maryland, that govern whether the individual shall be involuntarily admitted;
      5. (e) Notice of the individual's right to consult with an attorney of the individual's choice and, if the individual is unable to afford an attorney, the availability of representation at the hearing through the Office of the Public Defender, Mental Health Division; and
      6. (f) A list of the individual's rights at a hearing as set forth in Regulation .09C of this chapter.
3. C. Staff shall file a copy of the Notice of Hearing form in the individual's medical record and give a copy to the individual's parent, guardian, or next of kin.

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Regulations .01 — .10 repealed and new Regulations .01 — .11 adopted effective September 28, 1992 (19:19 Md.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