Correctional Services - Medication Review Committee - Administration of Psychotropic Medication to an Incarcerated Individual

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
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*hb0279*

HOUSE BILL 279
E5 6lr0096
(PRE–FILED) CF SB 196
By: Chair, Health Committee (By Request – Departmental – Public Safety and
Correctional Services)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026

CHAPTER ______

AN ACT concerning 1

Correctional Services – Medication Review Committee – Administration of 2
Psychotropic Medication to an Incarcerated Individual 3

FOR the purpose of authorizing the establishment of a medication review committee within 4
the Department of Public Safety and Correctional Services that convenes to 5
determine whether to approve the administration of psychotropic medication to a 6
certain incarcerated individual under certain circumstances; providing that 7
psychotropic medication may not be administered to an incarcerated individual who 8
refuses the medication except under certain circumstances; providing for the 9
membership and operating procedures of a medication review committee; 10
establishing certain rights of an incarcerated individual in connection with the 11
convening of a medication review committee; establishing procedures for a certain 12
administrative review and appeal of the decision of a medication review committee; 13
requiring a certain treating practitioner provider to document certain matters under 14
certain circumstances; and generally relating to medication review committees. 15

BY adding to 16
Article – Correctional Services 17
Section 9–619 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20

2 HOUSE BILL 279

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Correctional Services 3

9–619. 4

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6

(2) “COMMITTEE” MEANS A MEDICATION R EVIEW COMMITTEE 7
ESTABLISHED IN ACCORDANCE WITH THIS SECTION THAT CONVENES TO DETERMINE 8
WHETHER TO APPROVE THE ADMINISTRATION OF PSYCHOTROPIC MEDICATION ON 9
A NONEMERGENCY BASIS TO AN INCARCERATED I NDIVIDUAL WHO REFUSE S TO 10
ACCEPT PSYCHOTROPIC MEDICATION AS PRESCRIBED. 11

(3) “LAY ADVISOR” MEANS AN INDIVIDUAL WHO IS KNOWLEDGEABLE 12
ABOUT MENTAL H EALTH PRACTICE AND C AN ASSIST INCARCERATED INDIVIDUALS 13
WITH UNDERSTANDING T HE PROCESS OUTLINED IN THIS SECTION , THE 14
INCARCERATED INDIVIDUAL’S RIGHTS UNDER THIS SECTION, AND HOW TO ASSERT 15
THOSE RIGHTS. 16

(4) “LICENSED MENTAL HEALTH INFIRMARY” MEANS A DESIGNATED 17
UNIT WITHIN A STATE CORRECTIONAL FA CILITY THAT IS LICEN SED BY THE 18
MARYLAND DEPARTMENT OF HEALTH AS A MENTAL HEALTH INFIRMARY. 19

(4) “MENTAL HEALTH CARE FA CILITY” MEANS A MENTAL HEALT H 20
UNIT WITHIN THE DIVISION OF CORRECTION THAT IS LICENSED BY THE OFFICE OF 21
HEALTH CARE QUALITY AS A HEALTH C ARE FACILITY WITHIN A CORRECTIONAL 22
INSTITUTION UNDER COMAR 10.07.12 TO PROVIDE MENTAL HE ALTH CARE TO 23
INCARCERATED INDIVIDUALS AND IN WHICH: 24

(I) A PSYCHIATRIST SUPERVISES TREATMENT; 25

(II) A PSYCHIATRIST OR PSYCHIATRIC NURSE PRACTITIONER IS 26
AVAILABLE FOR CONSUL TATION WHENEVER A PS YCHIATRIST OR PSYCHI ATRIC 27
NURSE PRACTITIONER IS NOT PRESENT; AND 28

(III) THERE IS 24–HOUR NURSE STAFFING. 29

(5) “TREATING PROVIDER ” MEANS A LICENSED PSY CHIATRIST OR 30
PSYCHIATRIC NURSE PRACTITIONER. 31

HOUSE BILL 279 3

(B) THIS SECTION APPLIES ONLY TO LICENSED MEN TAL HEALTH 1
INFIRMARIES WITHIN STATE CORRECTIONAL FACILITIES. 2

(B) THIS SECTION APPLIES ONLY TO MENTAL HEALTH CAR E FACILITIES 3
WITHIN STATE CORRECTIONAL FA CILITIES FOR INDIVID UALS CONVICTED OF A 4
CRIME AND SENTENCED TO THE DIVISION OF CORRECTION. 5

(C) PSYCHOTROPIC MEDICATI ON MAY NOT BE ADMINI STERED TO AN 6
INCARCERATED INDIVIDUAL WHO REFUSES THE MEDICATION, EXCEPT: 7

(1) IN AN EMERGENCY, ON THE ORDER OF A PRACTITIONER TREATING 8
PROVIDER WHEN THE INCARCERATE D INDIVIDUAL PRESENT S AN IMMINENT 9
DANGER TO THE LIFE OR SAFETY OF SELF OR OTHERS; OR 10

(2) IN A NONEMERGENCY , IF THE TREATING PRACTITIONER 11
PROVIDER HAS RECOMMENDED THE INVOLUNTARY ADMINIST RATION OF 12
PSYCHOTROPIC MEDICATION BECAUSE: 13

(I) THE INCARCERATED INDIVIDUAL HAS A MENTAL DISORDER; 14

(II) DUE TO THE MENTAL DI SORDER, THE INCARCERATED 15
INDIVIDUAL IS UNABLE TO FUNCTION INCAPACITATED TO THE POINT THAT THE 16
INCARCERATED INDIVID UAL IS UNABLE TO PER FORM BASIC LIFE –SUSTAINING 17
FUNCTION IN GENERAL POPULATIO N WITHIN A CORRECTIO NAL FACILITY AND 18
REQUIRES INPATIENT C ARE IN A LICENSED MENTAL HEALTH INFIRMARY WITHIN 19
THE DEPARTMENT CARE FACILITY; 20

(III) DUE TO THE MENTAL DISORDER, THE INCARCERATED 21
INDIVIDUAL PRESENTS A MANIFESTS SEVERE MEN TAL OR PHYSICAL HEAL TH 22
DETERIORATION AND PRESENTS A SERIOUS DANGER TO THE LIFE A ND SAFETY OF 23
SELF OR OTHERS; 24

(IV) THE INCARCERATED INDIVIDUAL IS UNABLE OR UNWILLING 25
DUE TO A MENTAL DISO RDER TO GIVE INFORME D CONSENT TO THE 26
ADMINISTRATION OF PSYCHOTROPIC MEDICATION; 27

(V) THERE ARE NO LESS RE STRICTIVE TREATMENT 28
INTERVENTIONS, INCLUDING ENCOURAGIN G VOLUNTARY MEDICATI ON 29
COMPLIANCE, CONSISTENT WITH THE WELFARE AND SAFETY OF THE INDIVIDUAL; 30

(VI) THE USE OF PSYCHOTRO PIC MEDICATION IS CL INICALLY 31
INDICATED AS THE MOS T APPROPRIATE TREATM ENT FOR THE INCARCER ATED 32
INDIVIDUAL’S CONDITION ACCORDING TO CURRENT PRACTICE FOR RESTORING OR 33
4 HOUSE BILL 279

PREVENTING FURTHER D ETERIORATION OF THE INCARCERATED INDIVID UAL’S 1
MENTAL OR PHYSICAL HEALTH; AND 2

(VII) A COMMITTEE HAS DETE RMINED, IN ACCORDANCE WITH 3
THE PROVISIONS OF THIS SECTION, THAT PSYCHOTROPIC MEDICATION SHOULD BE 4
ADMINISTERED OVER THE OBJECTION OF THE INCARCERATED INDIVIDUAL. 5

(D) (1) A COMMITTEE SHALL CONSIST OF THE FOLLOWING INDIVIDUALS 6
APPOINTED BY THE DIRECTOR OF MENTAL HEALTH FOR THE DEPARTMENT OR THE 7
DIRECTOR’S DESIGNEE: 8

(I) THE CHIEF PSYCHIATRI ST FOR THE REGION WH ERE THE 9
LICENSED MENTAL HEAL TH INFIRMARY MENTAL HEALTH CARE F ACILITY IS 10
LOCATED; 11

(II) ANOTHER PSYCHIATRIST; AND 12

(III) A MENTAL HEALTH PROF ESSIONAL WHO IS NOT A 13
PHYSICIAN. 14

(2) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S 15
DESIGNEE SHALL APPOI NT A CHAIR OF THE CO MMITTEE FROM AMONG I TS 16
MEMBERS. 17

(3) AN INDIVIDUAL WHO IS DIRECTLY RESPONSIBLE FOR 18
IMPLEMENTING THE TRE ATMENT PLAN FOR THE INCARCERATED INDIVID UAL 19
UNDER REVIEW MAY NOT SERVE AS A MEMBER OF THE COMMITTEE. 20

(E) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 21
SHALL ASSIGN AN IMPARTIAL LAY ADVISOR TO ASSIS T THE INCARCERATED 22
INDIVIDUAL WITH THE PROCESS SET FORTH IN THIS SECTION. 23

(F) (1) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S 24
DESIGNEE SHALL GIVE THE INCARCERATED IND IVIDUAL AND THE LAY ADVISOR 25
WRITTEN NOTICE A T LEAST 10 BUSINESS DAYS BEFORE CONVENING THE 26
COMMITTEE THAT TO: 27

(I) THE INCARCERATED INDIVIDUAL; 28

(II) THE LAY ADVISOR; 29

(III) IF APPLICABLE , THE INCARCERATED IND IVIDUAL’S 30
GUARDIAN OF THE PERSON; 31

HOUSE BILL 279 5

(IV) IF APPLICABLE AND IF THERE IS NO GUARDIAN OF THE 1
PERSON, THE INCARCERATED INDIVIDUAL’S SURROGATE DECISION MAKER; AND 2

(V) IF APPLICABLE , THE INCARCERATED IND IVIDUAL’S 3
ATTORNEY. 4

(2) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL INCLUDE THE FOLLOWING INFORMATION: 6

(1) (I) THE DATE , TIME, AND LOCATION OF THE SCHEDULED 7
COMMITTEE MEETING; 8

(2) (II) THE PURPOSE OF THE COMMITTEE; AND 9

(3) (III) A COMPLETE DESCRIPTI ON OF THE RIGHTS OF AN 10
INCARCERATED INDIVIDUAL UNDER SUBSECTION (G) OF THIS SECTION. 11

(G) IN CONNECTION WITH TH E CONVENING OF A COM MITTEE, AN 12
INCARCERATED INDIVIDUAL HAS: 13

(1) HAS THE RIGHT TO: 14

(1) (I) ATTEND THE COMMITTEE MEETING, EXCEPT FOR THE 15
DISCUSSION CONDUCTED TO ARRIVE AT A DECISION; 16

(2) (II) PRESENT INFORMATION, INCLUDING WITNESSES; 17

(3) (III) ASK QUESTIONS OF ANY PERSON PRESENTING 18
INFORMATION TO THE COMMITTEE; 19

(4) (IV) REQUEST ASSISTANCE FROM A LAY ADVISOR; AND 20

(5) (V) BE INFORMED OF: 21

(I) 1. THE IDENTITY OF THE ASSIGNED LAY ADVISOR; 22

(II) 2. THE INCARCERATED INDIVIDUAL’S DIAGNOSIS; AND 23

(III) 3. THE CLINICAL NEED FO R THE PSYCHOTROPIC 24
MEDICATION, INCLUDING POTENTIAL SIDE EFFECTS AND MAT ERIAL RISKS AND 25
BENEFITS OF TAKING OR REFUSING THE MEDICATION; AND 26

(2) MAY HAVE A LAWYER OR OTHER ADVOCATE OF THE INDIVIDUAL’S 27
CHOICE PRESENT. 28
6 HOUSE BILL 279

(H) THE CHAIR OF A COMMITTEE MAY: 1

(1) POSTPONE OR CONTINUE THE COMMITTEE FOR GOOD CAUSE, FOR 2
UP TO 7 DAYS; AND 3

(2) TAKE APPROPRIATE MEA SURES NECESSARY TO C ONDUCT THE 4
COMMITTEE IN AN ORDERLY MANNER. 5

(I) (1) BEFORE A CO MMITTEE MEETS , THE TREATING PSYCHIATRIC 6
PROVIDER SHALL PROVI DE A DETAILED REPORT OF THE INCARCERATED 7
INDIVIDUAL’S MEDICAL RECORD TO INCLUDE: 8

(I) THE BASIS FOR THE RE QUEST TO ADMINISTER 9
PSYCHOTROPIC MEDICATION ON A NONEMERGENCY BASIS; 10

(II) THE INCARCERATED INDIVIDUAL’S DIAGNOSIS, BEHAVIORS 11
OBSERVED, AND CURRENT MENTAL STATUS; 12

(III) A DESCRIPTION OF DAILY FUNCTIONING; 13

(IV) RECOMMENDED PSYCHOTR OPIC MEDICATION AND ANY 14
ALTERNATIVE MEDICATIONS THAT COULD BE EFFECTIVE FOR THE INDIVIDUAL; 15

(V) A PROPOSED TREATMENT PLAN THAT DETAILS TH E 16
SUPPORTIVE SERVICES AND THERAPIES THAT W ILL BE OFFERED TO TH E 17
INDIVIDUAL IN CONJUNCTION WITH THE PROPOSED MEDICATION; 18

(V) (VI) METHODS USED TO ENCO URAGE VOLUNTARY 19
MEDICATION ADHERENCE; 20

(VI) (VII) VOLUNTARY AND INVOLU NTARY MEDICATION 21
HISTORY; AND 22

(VII) (VIII) A DESCRIPTION OF THE LESS INTRUSIVE TREATMENT 23
ALTERNATIVES CONSIDERED OR ATTEMPTED; AND 24

(IX) ANY INFORMATION OBTAINED THROUGH A SIGNED RELEASE 25
OF INFORMATION FROM PRIOR COMMUNITY PROV IDERS AND THE INCARCER ATED 26
INDIVIDUAL’S FAMILY MEMBERS OR GUARDIAN. 27

(2) THE REPORT SHALL BE D ISTRIBUTED TO THE CO MMITTEE 28
MEMBERS, THE INCARCERATED IND IVIDUAL, THE LAY ADVISOR , AND THE 29
HOUSE BILL 279 7

INCARCERATED INDIVID UAL’S ATTORNEY , IF ANY , NOT LESS THAN 72 HOURS 1
BEFORE THE COMMITTEE IS TO MEET. 2

(J) BEFORE DETERMINING WH ETHER TO APPROVE THE ADMINISTRATION 3
OF PSYCHOTROPIC MEDICATION, THE COMMITTEE SHALL: 4

(1) REVIEW THE REPORT GE NERATED BY THE TREAT ING 5
PSYCHIATRIC PROVIDER UNDER SUBSECTION (I) OF THIS SECTION; AND 6

(2) MEET FOR THE PURPOSE OF RECEIVING INFORMA TION AND 7
CLINICALLY ASSESSING THE INCARCERATED INDIVIDUAL’S NEED FOR MEDICATION 8
BY: 9

(I) CONSULTING WITH THE INCARCERATED INDIVID UAL 10
REGARDING THE REASON FOR REFUSING THE PSY CHOTROPIC MEDICATION 11
PRESCRIBED AND THE INCARCERATED INDIVIDUAL’S WILLINGNESS TO ACC EPT 12
ALTERNATIVE TREATMENT, INCLUDING OTHER MEDICATION; 13

(II) CONSULTING WITH THE TREATING CLINICIANS PROVIDERS 14
AND MEDICAL STAFF WHO ARE RESPONSIBLE FOR INITIATING AND IMPLEMENTING 15
THE INCARCERATED IND IVIDUAL’S TREATMENT PLAN ABO UT THE CURRENT 16
TREATMENT PLAN AND A LTERNATIVE MODES OF TREATMENT, INCLUDING 17
MEDICATION, THAT HAVE BEEN CONSIDERED; 18

(III) RECEIVING INFORMATIO N PRESENTED BY THE 19
INCARCERATED INDIVID UAL AND OTHER INDIVI DUALS PARTICIPATING IN THE 20
COMMITTEE; 21

(IV) PROVIDING THE INCARC ERATED INDIVIDUAL WI TH AN 22
OPPORTUNITY TO ASK QUESTIONS OF ANYONE PRESENTING INFORMATION TO THE 23
COMMITTEE; AND 24

(V) REVIEWING THE CONSEQ UENCES OF REQUIRING THE 25
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N AND THE CONSEQUENCES OF 26
CONTINUED REFUSAL OF PSYCHOTROPIC MEDICATION. 27

(K) THE COMMITTEE MAY APP ROVE THE ADMINISTRAT ION OF 28
PSYCHOTROPIC MEDICATION AND MAY RECOMMEN D AND APPROVE ALTERN ATIVE 29
MEDICATION, IF THE COMMITTEE DETERMINES THAT: 30

(1) THE MEDICATION IS PR ESCRIBED BY A PSYCHIA TRIC PROVIDER 31
FOR THE PURPOSE OF T REATING THE INCARCER ATED INDIVIDUAL ’S MENTAL 32
DISORDER; 33
8 HOUSE BILL 279

(2) THE ADMINISTRATION O F PSYCHOTROPIC MEDIC ATION 1
REPRESENTS A REASONABLE EXERCISE OF PROFESSIONAL JUDGMENT; AND 2

(3) WITHOUT THE MEDICATI ON, THE INCARCERATED IND IVIDUAL IS 3
AT SUBSTANTIAL RISK OF CONTINUED SELF –HARM AND DANGEROUS B EHAVIORS 4
RESULTING FROM THE INDIVIDUAL: 5

(I) REMAINING SERIOUSLY MENTALLY ILL WITH NO 6
SIGNIFICANT RELIEF OF THE PSYCHIATRIC SYMPTOMS THAT: 7

1. CAUSE THE INCARCE RATED INDIVIDUAL TO BE A 8
DANGER TO SELF OR OTHERS WHILE IN THE LICENSED MENTAL HEALTH INFIRMARY 9
MENTAL HEALTH CARE FACILITY; OR 10

2. WOULD CAUSE THE INCA RCERATED INDIVIDUAL TO 11
BE A CONTINUED DANGE R TO SELF AND OTHER INCARCERATED INDIVIDUALS IF 12
DISCHARGED FROM THE LICENSED MENTAL HEALTH INFIRMARY MENTAL HEALTH 13
CARE FACILITY; OR 14

(II) RELAPSING INTO A CON DITION IN WHICH THE 15
INCARCERATED INDIVIDUAL IS UNABLE TO PRO VIDE FOR THE INDIVID UAL’S OWN 16
ESSENTIAL HUMAN NEEDS OF HEALTH AND SAFETY. 17

(L) (1) THE COM MITTEE SHALL BASE IT S DECISION ON ITS CL INICAL 18
ASSESSMENT OF THE IN FORMATION CONTAINED IN THE INCARCERATED 19
INDIVIDUAL’S RECORD AND INFORMATION PRESENTED TO THE COMMITTEE. 20

(2) THE COMMITTEE SHALL M EET PRIVATELY TO REN DER A 21
DECISION. 22

(M) (1) THE COMMITTEE SHALL DOCUMENT ITS CONSIDERATION OF THE 23
ISSUES AND THE BASIS FOR ITS DECISION ON THE ADMINISTRATION O F 24
PSYCHOTROPIC MEDICATION. 25

(2) THE COMMITTEE SHALL P ROVIDE A WRITTEN DEC ISION ON THE 26
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N AND PROPOSED TR EATMENT 27
PLAN, WHICH SHALL BE PROVI DED TO THE INCARCERA TED INDIVIDUAL, THE LAY 28
ADVISOR, THE INCARCERATED IND IVIDUAL’S GUARDIAN OF THE PE RSON, IF ANY, 29
AND THE INCARCERATED INDIVIDUAL’S TREATMENT TEAM FOR INCLUSION IN THE 30
MEDICAL RECORD. 31

HOUSE BILL 279 9

(3) IF THE COMMITT EE APPROVES THE ADMI NISTRATION OF 1
PSYCHOTROPIC MEDICATION, THE DECISION SHALL SPECIFY: 2

(I) THE PSYCHOTROPIC MED ICATION APPROVED AND THE 3
DOSAGE AND FREQUENCY RANGE; 4

(II) THE DURATION OF THE APPROVAL, NOT TO EXCEED THE 5
MAXIMUM TIME ALLOWED UNDER SUBSECTION (Q) OF THIS SECTION; AND 6

(III) THE REASON THAT ALTERNATIVE TREATMENTS, INCLUDING 7
OTHER MEDICATION, WERE REJECTED BY THE COMMITTEE. 8

(4) IF THE COMMITTEE APPR OVES THE ADMINISTRAT ION OF 9
PSYCHOTROPIC MEDICATION, THE DECISION SHALL CONTAIN: 10

(I) NOTICE OF THE RIGHT TO REQUEST AN ADMINISTRATIVE 11
HEARING AND APPEAL A HEARING UNDER SUBSECTIONS (O) AND (P) SUBSECTION 12
(O) OF THIS SECTION; 13

(II) THE RIGHT TO REQUEST REPRESENTATION OR ASSISTANCE 14
OF AN ATTORNEY OR OTHER ADVOCATE OF THE INDIVIDUAL’S CHOICE; AND 15

(III) THE NAME , ADDRESS, AND TELEPHONE NUMBER OF THE 16
DESIGNATED STATE PROTECTION AND ADVOCACY AGENCY AND THE ATTORNEY 17
REFERRAL SERVICE. 18

(N) IF THE COMMITTEE APPR OVES THE ADMINISTRAT ION OF 19
PSYCHOTROPIC MEDICATION, THE LAY ADVISOR PROMPTLY SHALL: 20

(1) INFORM THE INCARCERA TED INDIVIDUAL OF TH E RIGHT TO 21
REQUEST AN ADMINISTR ATIVE HEARING AND APPEAL THE DECISION UNDER 22
SUBSECTIONS (O) AND (P) OF THIS SECTION; AND AND PROVIDE THE APPEAL FORM; 23

(2) IF THE INDIVIDUAL REQUESTS A HEARING, NOTIFY THE DIRECTOR 24
OF MENTAL HEALTH FOR THE DEPARTMENT OR THE DIRECTOR’S DESIGNEE UNDER 25
SUBSECTION (O)(1) OF THIS SECTION AND GIVE THE INCARCERATE D INDIVIDUAL 26
WRITTEN NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING; AND 27

(2) (3) ADVISE THE INCARCERA TED I NDIVIDUAL OF THE 28
PROVISION FOR RENEWA L OF AN APPROVAL UND ER SUBSECTION (Q) OF THIS 29
SECTION. 30

(O) (1) AN INDIVIDUAL MAY REQUEST AN ADMINISTRATIVE HEARING TO 31
APPEAL THE COMMITTEE’S DECISION BY FILING A REQUEST FOR HEARING WITH THE 32
10 HOUSE BILL 279

DIRECTOR OF MENTAL HEALTH FOR THE DEPARTMENT OR THE DIRECTOR’S 1
DESIGNEE WITHIN 72 HOURS OF RECEIPT OF THE DECISION OF THE COMMITTEE. 2

(2) AN INCARCERATED INDIV IDUAL MAY HAVE AN AT TORNEY OR 3
OTHER ADVOCATE OF THE INDIVIDUAL’S CHOICE PRESENT AT THIS HEARING. 4

(2) (3) WITHIN 24 HOURS OF RECEIPT OF A R EQUEST FOR 5
HEARING, THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 6
SHALL FORWARD THE REQUEST TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 7

(3) (4) (I) AN INITIAL COMMITTEE DECISION AUTHORIZING THE 8
ADMINISTRATION OF MEDICATION SHALL BE STAYED FOR 72 HOURS. 9

(II) IF A REQUEST FOR HEAR ING IS FILED UNDER T HIS 10
SUBSECTION, THE STAY SHALL REMAI N IN EFFECT UNTIL TH E ISSUANCE OF THE 11
ADMINISTRATIVE DECISION. 12

(4) (5) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL 13
CONDUCT A HEARING AN D ISSUE A DECISION WIT HIN 10 CALENDAR DAYS OF THE 14
DECISION BY THE COMMITTEE. 15

(5) (6) THE ADMINISTRATIVE HE ARING MAY BE POSTPON ED BY 16
AGREEMENT OF THE PARTIES OR FOR GOOD CAUSE SHOWN. 17

(6) (7) THE ADMINISTRATIVE LA W JUDGE SHALL CONDUC T A DE 18
NOVO HEARING T O DETERMINE WHETHER THE STANDARDS AND PR OCEDURES IN 19
THIS SECTION HAVE BEEN MET. 20

(7) (8) AT THE HEARING , THE INDIVIDUAL REPRE SENTING THE 21
MENTAL HEALTH CARE FACILITY: 22

(I) MAY INTRODUCE THE DE CISION OF THE COMMIT TEE AS 23
EVIDENCE; AND 24

(II) SHALL PROVE, BY A PREPONDERANCE O F THE EVIDENCE , 25
THAT THE STANDARDS AND PROCEDURES OF THIS SECTION HAVE BEEN MET. 26

(8) (9) THE ADMINISTRATIVE LA W JUDGE SHALL STATE ON THE 27
RECORD THE FINDINGS OF FACT AND CONCLUSIONS OF LAW. 28

(9) (10) THE DETERMINATION OF THE ADMINISTRATIVE LAW JUDGE 29
IS A FINAL DECISION FOR THE PURPOSE OF JUDICIAL REVIEW OF A FINAL DECISION 30
UNDER THE ADMINISTRATIVE PROCEDURE ACT. 31
HOUSE BILL 279 11

(P) (1) WITHIN 14 CALENDAR DAYS FROM T HE DECISION OF THE 1
ADMINISTRATIVE LAW J UDGE, THE INDIVIDUAL OR TH E MENTAL HEALTH CARE 2
FACILITY MAY APPEAL THE DECISION TO THE CIRCUIT COURT ON THE RECORD 3
FROM THE HEARING CONDUCTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS. 4

(2) THE SCOPE OF REVIEW S HALL BE AS A CONTEST ED CASE UNDER 5
THE ADMINISTRATIVE PROCEDURE ACT. 6

(3) (I) REVIEW SHALL BE ON THE AUDI OPHONIC TAPE WITHOUT 7
THE NECESSITY OF TRA NSCRIPTION OF THE TA PE, UNLESS EITHER PARTY TO THE 8
APPEAL REQUESTS TRANSCRIPTION OF THE TAPE. 9

(II) A REQUEST FOR TRANSCRI PTION OF THE TAPE SH ALL BE 10
MADE AT THE TIME THE APPEAL IS FILED. 11

(III) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL 12
PREPARE THE TRANSCRI PTION PRIOR TO THE A PPEAL HEARING, AND THE PARTY 13
REQUESTING THE TRANSCRIPTION SHALL BEAR THE COST OF TRANSCRIPTION. 14

(4) THE CIRCUIT COURT SHALL HEAR AND ISSUE A DECISION ON AN A 15
DE NO VO APPEAL WITHIN 7 CALENDAR DAYS FROM T HE DATE THE APPEAL W AS 16
FILED. 17

(Q) (1) ADMINISTRATION OF PSY CHOTROPIC MEDICATION IN 18
ACCORDANCE WITH THIS SECTION MAY NOT BE A PPROVED FOR LONGER T HAN 90 19
DAYS. 20

(2) (I) BEFORE EXPIRATION OF AN APPROVAL PERIOD U NDER 21
PARAGRAPH (1) OF THIS SUBSECTION , IF THE INCARCERATED INDIVIDUAL 22
CONTINUES TO REFUSE PSYCHOTROPIC MEDICAT ION, A COMMITTEE MAY BE 23
CONVENED TO DECIDE WHETHER RENEWAL IS WARRANTED. 24

(II) IF NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) 25
OF THIS SUBSECTION , IF A COMMITTEE APPROVES THE RENEWAL OF THE 26
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N, THE ADMINISTRATION O F 27
MEDICATION NEED NOT BE INTERRUPTED WHEN THE INCARCERATED INDIVIDUAL 28
REQUESTS ADMINISTRATIVE REVIEW OF THE RENEWAL. 29

(R) (1) WHEN PSYCHOTROPIC MEDICATION IS ORDERED IN ACCORDANCE 30
WITH THIS SECTION, NOT LESS FREQUENTLY THAN EVERY 15 DAYS, THE TREATING 31
PRACTITIONER SHALL THE TREATING PROVIDER SHALL: 32

12 HOUSE BILL 279

(I) DOCUMENT ANY KNOWN B ENEFITS OF TAKING TH E 1
MEDICATION TO THE IN CARCERATED INDIVIDUA L AND SIDE EFF ECTS OF THE 2
MEDICATION THAT AFFE CT THE INCARCERATED INDIVIDUAL NOT LESS 3
FREQUENTLY THAN: 4

1. EVERY DAY FOR THE FI RST WEEK AFTER INITI ATION 5
OF MEDICATION OR AN INCREASE IN MEDICATION DOSE; AND 6

2. ONCE EVERY 10 DAYS THEREAFTER; 7

(II) OFFER THE INCARCERATED INDIVIDUAL THE OPPORTUNITY 8
TO TAKE THE MEDICATI ON VOLUNTARILY BEFORE IT IS ADMINISTERED OVER THE 9
INCARCERATED INDIVIDUAL’S OBJECTION; AND 10

(III) DOCUMENT ALL ASSESSM ENTS OF THE INCARCER ATED 11
INDIVIDUAL’S MEDICATION EFFICAC Y, SIDE EFFECTS, AND UPDATED TREATMEN T 12
PLAN IN THE MEDICAL RECORD. 13

(2) AN INCARCERATED INDIV IDUAL SHALL REMAIN I N THE MENTAL 14
HEALTH CARE FACILITY THROUGHOUT THE PROCESS DESCRIBED IN THIS SECTION. 15

(S) EACH INCARCERATED IND IVIDUAL IN A MENTAL HEALTH CARE 16
FACILITY SHALL: 17

(1) RECEIVE APPROPRIATE HUMANE TREATMENT AND SERVICES IN A 18
MANNER THAT RESTRICT S THE INCARCERATED I NDIVIDUAL’S PERSONAL LIBERTY 19
WITHIN A MENTAL HEAL TH CARE FACILITY ONL Y TO THE EXTENT NECE SSARY AND 20
CONSISTENT WITH THE INCARCERATED INDIVID UAL’S TREATMEN T NEEDS AND 21
APPLICABLE LEGAL REQUIREMENTS; 22

(2) BE FREE FROM RESTRAI NTS OR SECLUSIONS EX CEPT FOR 23
RESTRAINTS OR SECLUSIONS THAT ARE: 24

(I) USED ONLY DURING AN EMERGENCY IN WHICH T HE 25
BEHAVIOR OF THE INCA RCERATED INDIVIDUAL PLACES THE INCARCERA TED 26
INDIVIDUAL OR OTHERS AT SERIOUS THREAT OF VIOLENCE OR INJURY; AND 27

(II) 1. ORDERED BY A PHYSICIAN IN WRITING; OR 28

2. DIRECTED BY A REGISTERED NURSE IF A PHYSICIAN’S 29
ORDER IS OBTAINED WITHIN 2 HOURS OF THE ACTION; 30

(3) BE FREE FROM PRONE RESTRAINT; AND 31

HOUSE BILL 279 13

(4) BE FREE FROM RESTRAINT THAT: 1

(I) APPLIES PRESSURE TO THE INCARCERATED IND IVIDUAL’S 2
BACK; 3

(II) OBSTRUCTS THE AIRWAY OF THE INCARCERATED 4
INDIVIDUAL OR IMPAIRS THE INDIVIDUAL’S ABILITY TO BREATHE; 5

(III) OBSTRUCTS A STAFF ME MBER’S VIEW OF THE 6
INCARCERATED INDIVIDUAL’S FACE; OR 7

(IV) RESTRICTS THE INCARC ERATED INDIVIDUAL’S ABILITY TO 8
COMMUNICATE DISTRESS. 9

(T) STATEMENTS MADE BY AN INCARCERATED INDIVIDUAL IN CONNECTION 10
WITH THE CONVENING OF A COMMITTEE UNDER THIS SECTION MAY NOT BE USED: 11

(1) AS EVIDENCE TO CHARGE THE INDIVIDUAL WITH A CRIME; OR 12

(2) AS THE BASIS FOR A LOSS OF DIMINUTION CREDITS. 13

(U) IF AN INCARCERATED INDIVIDUAL IS DEEMED COMPETENT AFTER THE 14
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N UNDER THIS SECTION , THE 15
INCARCERATED INDIVIDUAL ’S LAY ADVISOR SHALL ADVISE THE INCARCERA TED 16
INDIVIDUAL OF THE IN DIVIDUAL’S RIGHT TO COMPLETE AN ADVANCE DIRECTIVE 17
FOR MENTAL HEALTH SE RVICES UNDER § 5–602.1 OF THE HEALTH – GENERAL 18
ARTICLE. 19

(V) ON OR BEFORE DECEMBER 1 EACH YEAR , THE DEPARTMENT SHALL 20
SUBMIT A REPORT TO T HE MARYLAND DEPARTMENT OF HEALTH ON THE 21
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N IN A NONEMERGENCY UNDER 22
THIS SECTION, INCLUDING: 23

(1) THE NUMBER OF TIMES A COMMITTEE WAS CONV ENED UNDER 24
SUBSECTION (J) OF THIS SECTION; 25

(2) THE NUMBER OF TIMES A COMMITTEE APPROVED THE 26
ADMINISTRATION OF PSYCHOTROPIC MEDICATION UNDER THIS SECTION; 27

(3) THE NUMBER OF TIMES A COMMITTEE WAS CONVENED TO DECIDE 28
ON A RENEWAL UNDER SUBSECTION (Q) OF THIS SECTION; 29

(4) THE NUMBER OF TIMES A COMMITTEE APPROVED A RENEWAL 30
UNDER SUBSECTION (Q) OF THIS SECTION; AND 31
14 HOUSE BILL 279

(5) FOR EACH INCARCERATED INDIVIDUAL FOR WHOM A COMMITTEE 1
APPROVES THE ADMINIS TRATION OF PSYCHOTRO PIC MEDICATION , THE 2
MEDICATION GIVEN AND THE LENGTH OF TIME T HE MEDICATION WAS FO RCIBLY 3
GIVEN. 4

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2026. 6

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
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President of the Senate.