Maryland § 10-6A-07 - IN EFFECT

§ 10-6A-07. IN EFFECT

    IN EFFECT

    // EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

    (a)    (1)    On receipt of a petition for assisted outpatient treatment that meets the requirements of § 10–6A–04 of this subtitle, the court shall schedule the date for a hearing.

        (2)    The court may grant a continuance or postponement only for good cause shown.

        (3)    A hearing shall be scheduled only if the respondent has not agreed to enter voluntary treatment.

    (b)    (1)    The respondent shall be entitled to be represented by counsel of the respondent’s choice at the hearing and at all stages of the proceedings.

        (2)    If the respondent is unable to afford an attorney, or is unable to obtain an attorney due to the respondent’s mental illness, representation shall be provided in accordance with §§ 16–204 and 16–208 of the Criminal Procedure Article.

        (3)    All rules of civil procedure shall apply to cases filed under this subtitle.

        (4)    Respondents may not be required to give testimony at hearings under this subtitle.

        (5)    Participation in assisted outpatient treatment may not be used against a respondent in a subsequent legal matter that carries negative collateral consequences.

    (c)    At the hearing, the respondent shall be given an opportunity to present evidence, to call witnesses on the respondent’s behalf, and to cross–examine adverse witnesses.

    (d)    (1)    The petitioner’s presentation of evidence shall include the testimony of a psychiatrist whose most recent examination of the respondent occurred within 30 days before the date of the petition.

        (2)    The psychiatrist shall state the facts and clinical determinations providing the basis for the psychiatrist’s opinion that the respondent meets each of the criteria for assisted outpatient treatment in § 10–6A–05 of this subtitle.

    (e)    (1)    The petitioner’s presentation of evidence shall include the testimony of a psychiatrist to explain the treatment plan, who:

            (i)    May be but need not be the examining psychiatrist who testified under subsection (d) of this section; and

            (ii)    Has met with the respondent or has made a good faith effort to meet with the respondent, is familiar with the relevant history, to the extent practicable, and has examined the treatment plan.

        (2)    For each category of proposed treatment, the psychiatrist shall state the clinical basis for the determination that the treatment is essential to the maintenance of the respondent’s health or safety.

        (3)    The psychiatrist shall testify as to the participation, if any, of the respondent in the development of the treatment plan.