If an individual is released from an inpatient facility by an ALJ under the provisions of Regulation .09G(3) of this chapter, and the individual’s treating physician, psychologist, or psychiatric nurse practitioner determines, based on the individual’s behavior and clinical condition after the hearing, that the individual meets the requirements for IVA outlined in Health-General Article, §10-617, Annotated Code of Maryland, and Regulation .04C(4)(c)(i) — (v) of this chapter:

1. A. After the individual has been given the opportunity to leave the inpatient facility, the treating physician, psychologist, or psychiatric nurse practitioner may file a petition for emergency evaluation as the means of initiating an emergency psychiatric evaluation; and
2. B. The inpatient facility may not accept the application and certificates for IVA that initiated the individual's initial confinement under Regulation .07A of this chapter for the purpose of taking the individual into confinement on observation status following the release.

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Regulations .01 — .10 repealed and new Regulations .01 — .11 adopted effective September 28, 1992 (19:19 Md.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