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.
*sb0196*

SENATE BILL 196
E5 6lr0095
HB 779/25 – JUD (PRE–FILED) CF HB 279
By: Chair, Judicial Proceedings Committee (By Request – Departmental – Public
Safety and Correctional Services)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

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 ad ministration 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 circumsta nces; 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 to document certain matters under certain 14
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

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

Article – Correctional Services 23

9–619. 24
2 SENATE BILL 196

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2

(2) “COMMITTEE” MEANS A MEDICATION R EVIEW COMMITTEE 3
ESTABLISHED IN ACCORDANCE WITH THIS SECTION THAT CONVENES TO DETERMINE 4
WHETHER TO APPROVE THE ADMINISTRATION OF PSYCHOTROPIC MEDICATION ON 5
A NONEMERGENCY BASIS TO AN INCARCERATED I NDIVIDUAL WHO REFUSE S TO 6
ACCEPT PSYCHOTROPIC MEDICATION AS PRESCRIBED. 7

(3) “LAY ADVISOR” MEANS AN INDIVIDUAL WHO IS KNOWLEDGEABLE 8
ABOUT MENTAL HEALTH PRACTICE AND CAN ASSIST INCARCERATED INDIVIDUALS 9
WITH UNDERSTANDING THE PROCESS OUTLINED IN THIS SECTION. 10

(4) “LICENSED MENTAL HEALTH INFIRMARY” MEANS A DESIGNATED 11
UNIT WITHIN A STATE CORRECTIONAL FA CILITY THAT IS LICEN SED BY THE 12
MARYLAND DEPARTMENT OF HEALTH AS A MENTAL HEALTH INFIRMARY. 13

(B) THIS SECTION APPLIES ONLY TO LICENSED MENTAL HEALTH 14
INFIRMARIES WITHIN STATE CORRECTIONAL FACILITIES. 15

(C) PSYCHOTROPIC MEDICATI ON MAY NOT BE ADMINI STERED TO AN 16
INCARCERATED INDIVIDUAL WHO REFUSES THE MEDICATION, EXCEPT: 17

(1) IN AN EMERGENCY , ON THE OR DER OF A PRACTITIONE R WHEN 18
THE INCARCERATED INDIVIDUAL PRESENTS AN IMMINENT DANGER TO THE LIFE OR 19
SAFETY OF SELF OR OTHERS; OR 20

(2) IN A NONEMERGENCY , IF THE TREATING PRAC TITIONER HAS 21
RECOMMENDED THE INVO LUNTARY ADMINISTRATI ON OF PSYCHOTROPIC 22
MEDICATION BECAUSE: 23

(I) THE INCARCERATED INDIVIDUAL HAS A MENTAL DISORDER; 24

(II) DUE TO THE MENTAL DI SORDER, THE INCARCERATED 25
INDIVIDUAL IS UNABLE TO FUNCTION IN GENER AL POPULATION WITHIN A 26
CORRECTIONAL FACILITY AND REQUIRES INPATIENT CARE IN A LICENSED MENTAL 27
HEALTH INFIRMARY WITHIN THE DEPARTMENT; 28

(III) THE INCARCERATED IND IVIDUAL PRESENTS A D ANGER TO 29
THE LIFE AND SAFETY OF SELF OR OTHERS; 30

SENATE BILL 196 3

(IV) THE INCARCERATED INDIVIDUAL IS UNABLE OR UNWILLING 1
DUE TO A MENTAL DISO RDER TO GIVE INFORME D CON SENT TO THE 2
ADMINISTRATION OF PSYCHOTROPIC MEDICATION; 3

(V) THERE ARE NO LESS RE STRICTIVE TREATMENT 4
INTERVENTIONS, INCLUDING ENCOURAGIN G VOLUNTARY MEDICATI ON 5
COMPLIANCE, CONSISTENT WITH THE WELFARE AND SAFETY OF THE INDIVIDUAL; 6

(VI) THE USE OF PSYCHOTROPIC MEDICAT ION IS CLINICALLY 7
INDICATED AS THE MOS T APPROPRIATE TREATM ENT FOR THE INCARCER ATED 8
INDIVIDUAL’S CONDITION ACCORDING TO CURRENT PRACTICE FOR RESTORING OR 9
PREVENTING FURTHER D ETERIORATION OF THE INCARCERATED INDIVID UAL’S 10
MENTAL OR PHYSICAL HEALTH; AND 11

(VII) A COMMITTEE HAS DETE RMINED, IN ACCORDANCE WITH 12
THE PROVISIONS OF THIS SECTION, THAT PSYCHOTROPIC MEDICATION SHOULD BE 13
ADMINISTERED OVER THE OBJECTION OF THE INCARCERATED INDIVIDUAL. 14

(D) (1) A COMMITTEE SHALL CONSIST OF THE FOLLOWING INDIVIDUALS 15
APPOINTED BY THE DIRECTOR OF MENTAL HEALTH FOR THE DEPARTMENT OR THE 16
DIRECTOR’S DESIGNEE: 17

(I) THE CHIEF PSYCHIATRI ST FOR THE REGION WH ERE THE 18
LICENSED MENTAL HEALTH INFIRMARY IS LOCATED; 19

(II) ANOTHER PSYCHIATRIST; AND 20

(III) A MENTAL HEALTH PROFES SIONAL WHO IS NOT A 21
PHYSICIAN. 22

(2) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S 23
DESIGNEE SHALL APPOI NT A CHAIR OF THE CO MMITTEE FROM AMONG I TS 24
MEMBERS. 25

(3) AN INDIVIDUAL WHO IS DIRECTLY RESPONSIBLE FOR 26
IMPLEMENTING THE TREATMENT PLAN FOR T HE INCARCERATED INDI VIDUAL 27
UNDER REVIEW MAY NOT SERVE AS A MEMBER OF THE COMMITTEE. 28

(E) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 29
SHALL ASSIGN AN IMPA RTIAL LAY ADVISOR TO ASSIST THE INCARCERA TED 30
INDIVIDUAL WITH THE PROCESS SET FORTH IN THIS SECTION. 31

4 SENATE BILL 196

(F) THE DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE 1
SHALL GIVE THE INCAR CERATED INDIVIDUAL A ND THE LAY ADVISOR W RITTEN 2
NOTICE AT LEAST 10 BUSINESS DAYS BEFORE CONVENING THE COMMIT TEE THAT 3
SHALL INCLUDE THE FOLLOWING INFORMATION: 4

(1) THE DATE, TIME, AND LOCATION OF THE SCHEDULED COMMITTEE 5
MEETING; 6

(2) THE PURPOSE OF THE COMMITTEE; AND 7

(3) A COMPLETE DESCRIPTION OF THE RIGHTS OF AN INCARCERATED 8
INDIVIDUAL UNDER SUBSECTION (G) OF THIS SECTION. 9

(G) IN CONNECTION WITH TH E CONVENING OF A COM MITTEE, AN 10
INCARCERATED INDIVIDUAL HAS THE RIGHT TO: 11

(1) ATTEND THE COMMITTEE MEETING, EXCEPT FOR THE DISCUSSION 12
CONDUCTED TO ARRIVE AT A DECISION; 13

(2) PRESENT INFORMATION, INCLUDING WITNESSES; 14

(3) ASK QUESTIONS OF ANY PERSON PRESENTING IN FORMATION TO 15
THE COMMITTEE; 16

(4) REQUEST ASSISTANCE FROM A LAY ADVISOR; AND 17

(5) BE INFORMED OF: 18

(I) THE IDENTITY OF THE ASSIGNED LAY ADVISOR; 19

(II) THE INCARCERATED INDIVIDUAL’S DIAGNOSIS; AND 20

(III) THE CLINICAL NEED FOR THE PSYCHOTROPIC MEDICATION, 21
INCLUDING POTENTIAL SIDE EFFECTS AND MAT ERIAL RISKS AND BENE FITS OF 22
TAKING OR REFUSING THE MEDICATION. 23

(H) THE CHAIR OF A COMMITTEE MAY: 24

(1) POSTPONE OR CONTINUE THE COMMITTEE FOR GOOD CAUSE, FOR 25
UP TO 7 DAYS; AND 26

(2) TAKE APPROPRIATE MEA SURES NECESSARY TO C ONDUCT THE 27
COMMITTEE IN AN ORDERLY MANNER. 28
SENATE BILL 196 5

(I) (1) BEFORE A COMMITTEE ME ETS, THE TREATING PSYCHIA TRIC 1
PROVIDER SHALL PROVI DE A DETAILED REPORT OF T HE INCARCERATED 2
INDIVIDUAL’S MEDICAL RECORD TO INCLUDE: 3

(I) THE BASIS FOR THE RE QUEST TO ADMINISTER 4
PSYCHOTROPIC MEDICATION ON A NONEMERGENCY BASIS; 5

(II) THE INCARCERATED INDIVIDUAL’S DIAGNOSIS, BEHAVIORS 6
OBSERVED, AND CURRENT MENTAL STATUS; 7

(III) A DESCRIPTION OF DAILY FUNCTIONING; 8

(IV) RECOMMENDED PSYCHOTROPIC MEDICATION; 9

(V) METHODS USED TO ENCO URAGE VOLUNTARY MEDI CATION 10
ADHERENCE; 11

(VI) VOLUNTARY AND INVOLU NTARY MEDICATION HIS TORY; 12
AND 13

(VII) A DESCRIPTION OF THE L ESS INTRUSIVE TREATM ENT 14
ALTERNATIVES CONSIDERED OR ATTEMPTED. 15

(2) THE REPORT SHALL BE D ISTRIBUTED TO THE CO MMITTEE 16
MEMBERS NOT LESS THAN 72 HOURS BEFORE THE COMMITTEE IS TO MEET. 17

(J) BEFORE DETERMINING WH ETHER TO APPROVE THE ADMINISTRATION 18
OF PSYCHOTROPIC MEDICATION, THE COMMITTEE SHALL: 19

(1) REVIEW THE REPORT GE NERATED BY THE TREAT ING 20
PSYCHIATRIC PROVIDER UNDER SUBSECTION (I) OF THIS SECTION; AND 21

(2) MEET FOR THE PURPOSE OF RECEIVING INFORMA TION AND 22
CLINICALLY ASSESSING THE INCARCERATED INDIVIDUAL’S NEED FOR MEDICATION 23
BY: 24

(I) CONSULTING WITH THE INCARCERATED INDIVID UAL 25
REGARDING THE REASON FOR REFUSING THE PSY CHOTROPIC MEDICATION 26
PRESCRIBED AND THE I NCARCERATED INDIVIDU AL’S WILLINGNESS TO ACC EPT 27
ALTERNATIVE TREATMENT, INCLUDING OTHER MEDICATION; 28

6 SENATE BILL 196

(II) CONSULTING WITH THE TREATING CLINICIANS WHO ARE 1
RESPONSIBLE FOR IN ITIATING AND IMPLEME NTING THE INCARCERAT ED 2
INDIVIDUAL’S TREATMENT PLAN ABO UT THE CURRENT TREAT MENT PLAN AND 3
ALTERNATIVE MODES OF TREATMENT, INCLUDING MEDICATION, THAT HAVE BEEN 4
CONSIDERED; 5

(III) RECEIVING INFORMATIO N PRESENTED BY THE 6
INCARCERATED INDIV IDUAL AND OTHER INDI VIDUALS PARTICIPATIN G IN THE 7
COMMITTEE; 8

(IV) PROVIDING THE INCARC ERATED INDIVIDUAL WI TH AN 9
OPPORTUNITY TO ASK QUESTIONS OF ANYONE PRESENTING INFORMATION TO THE 10
COMMITTEE; AND 11

(V) REVIEWING THE CONSEQ UENCES OF REQUIRING THE 12
ADMINISTRATION OF PSYCH OTROPIC MEDICATION A ND THE CONSEQUENCES OF 13
CONTINUED REFUSAL OF PSYCHOTROPIC MEDICATION. 14

(K) THE COMMITTEE MAY APP ROVE THE ADMINISTRAT ION OF 15
PSYCHOTROPIC MEDICATION AND MAY RECOMMEN D AND APPROVE ALTERN ATIVE 16
MEDICATION, IF THE COMMITTEE DETERMINES THAT: 17

(1) THE MEDICATION IS PR ESCRIBED BY A PSYCHI ATRIC PROVIDER 18
FOR THE PURPOSE OF T REATING THE INCARCER ATED INDIVIDUAL ’S MENTAL 19
DISORDER; 20

(2) THE ADMINISTRATION O F PSYCHOTROPIC MEDIC ATION 21
REPRESENTS A REASONABLE EXERCISE OF PROFESSIONAL JUDGMENT; AND 22

(3) WITHOUT THE MEDICATI ON, THE INCARCERATED IND IVIDUAL IS 23
AT SUBSTANTIAL RISK OF CONTINUED SELF –HARM AND DANGEROUS B EHAVIORS 24
RESULTING FROM THE INDIVIDUAL: 25

(I) REMAINING SERIOUSLY MENTALLY ILL WITH NO 26
SIGNIFICANT RELIEF OF THE PSYCHIATRIC SYMPTOMS THAT: 27

1. CAUSE THE INCARCERAT ED INDIVIDUAL TO BE A 28
DANGER TO SELF OR OTHERS WHILE IN THE LICENSED MENTAL HEALTH INFIRMARY; 29
OR 30

2. WOULD CAUSE THE INCA RCERATED INDIVIDUAL TO 31
BE A CONTINUED DANGE R TO SELF AND OTHER INCAR CERATED INDIVIDUALS IF 32
DISCHARGED FROM THE LICENSED MENTAL HEALTH INFIRMARY; OR 33
SENATE BILL 196 7

(II) RELAPSING INTO A CON DITION IN WHICH THE 1
INCARCERATED INDIVIDUAL IS UNABLE TO PRO VIDE FOR THE INDIVID UAL’S OWN 2
ESSENTIAL HUMAN NEEDS OF HEALTH AND SAFETY. 3

(L) (1) THE COMMITTEE SHALL BASE ITS DECISION ON ITS CLINICAL 4
ASSESSMENT OF THE IN FORMATION CONTAINED IN THE INCARCERATED 5
INDIVIDUAL’S RECORD AND INFORMATION PRESENTED TO THE COMMITTEE. 6

(2) THE COMMITTEE SHALL MEET PRIVATELY TO RENDER A 7
DECISION. 8

(M) (1) THE COMMITTEE SHALL DOCUMENT ITS CONSIDERATION OF THE 9
ISSUES AND THE BASIS FOR ITS DECISION ON THE ADMINISTRATION O F 10
PSYCHOTROPIC MEDICATION. 11

(2) THE COMMITTEE SHALL P ROVIDE A WRITTEN DEC ISION ON THE 12
ADMINISTRATION OF PSYCHOTROPIC MEDICATION, WHICH SHALL BE PROVIDED TO 13
THE INCARCERATED IND IVIDUAL, THE LAY ADVISOR , AND THE INCARCERATED 14
INDIVIDUAL’S TREATMENT TEAM FOR INCLUSION IN THE MEDICAL RECORD. 15

(3) IF THE COMMITTEE APPROVES T HE ADMINISTRATION O F 16
PSYCHOTROPIC MEDICATION, THE DECISION SHALL SPECIFY: 17

(I) THE PSYCHOTROPIC MED ICATION APPROVED AND THE 18
DOSAGE AND FREQUENCY RANGE; 19

(II) THE DURATION OF THE APPROVAL, NOT TO EXCEED THE 20
MAXIMUM TIME ALLOWED UNDER SUBSECTION (Q) OF THIS SECTION; AND 21

(III) THE REASON THAT ALTERNATIVE TREATMENTS, INCLUDING 22
OTHER MEDICATION, WERE REJECTED BY THE COMMITTEE. 23

(4) IF THE COMMITTEE APPROVES T HE ADMINISTRATION OF 24
PSYCHOTROPIC MEDICATION, THE DECISION SHALL CONTAIN NOTICE OF THE RIGHT 25
TO REQUEST AN ADMINISTRATIVE HEARING AND APPEAL UNDER SUBSECTIONS (O) 26
AND (P) OF THIS SECTION. 27

(N) IF THE COMMITTEE APPROVES T HE ADMINISTRATION OF 28
PSYCHOTROPIC MEDICATION, THE LAY ADVISOR PROMPTLY SHALL: 29

8 SENATE BILL 196

(1) INFORM THE INCARCERA TED INDIVIDUAL OF TH E RIGHT TO 1
REQUEST AN ADMINISTR ATIVE HEARING AND APPEAL THE DECISION UNDER 2
SUBSECTIONS (O) AND (P) OF THIS SECTION; AND 3

(2) ADVISE THE INCARCERATED INDIVIDUAL OF THE PROVISION FOR 4
RENEWAL OF AN APPROVAL UNDER SUBSECTION (Q) OF THIS SECTION. 5

(O) (1) AN INDIVIDUAL MAY REQUEST AN ADMINISTRATIVE HEARING TO 6
APPEAL THE COMMITTEE’S DECISION BY FILING A REQUEST FOR HEARING WITH THE 7
DIRECTOR OF MENTAL HEALTH FOR THE DEPARTMENT OR THE DIRECTOR’S 8
DESIGNEE WITHIN 72 HOURS OF RECEIPT OF THE DECISION OF THE COMMITTEE. 9

(2) WITHIN 24 HOURS OF RECEIPT OF A REQUEST FOR HEARING, THE 10
DIRECTOR OF MENTAL HEALTH OR THE DIRECTOR’S DESIGNEE SHALL FORWARD 11
THE REQUEST TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 12

(3) (I) AN INITIAL COMMITTEE DECISION AUTHORIZING THE 13
ADMINISTRATION OF MEDICATION SHALL BE STAYED FOR 72 HOURS. 14

(II) IF A REQUEST FOR HEAR ING IS FILED UNDER THIS 15
SUBSECTION, THE STAY SHALL REMAI N IN EFFECT UNTIL TH E ISSUANCE OF THE 16
ADMINISTRATIVE DECISION. 17

(4) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL CONDUCT A 18
HEARING AND ISSUE A DECISION WITHIN 10 CALENDAR DAYS OF THE DECISION BY 19
THE COMMITTEE. 20

(5) THE ADMINISTRATIVE HE ARING MAY BE POSTPON ED BY 21
AGREEMENT OF THE PARTIES OR FOR GOOD CAUSE SHOWN. 22

(6) THE ADMINISTRATIVE LA W JUDGE SHALL CONDUC T A DE NOVO 23
HEARING TO DETERMINE WHETHER THE STANDARDS AND PR OCEDURES IN THIS 24
SECTION HAVE BEEN MET. 25

(7) AT THE HEARING , THE INDIVIDUAL REPRE SENTING THE 26
FACILITY: 27

(I) MAY INTRODUCE THE DE CISION OF THE COMMITTEE AS 28
EVIDENCE; AND 29

(II) SHALL PROVE, BY A PREPONDERANCE O F THE EVIDENCE , 30
THAT THE STANDARDS AND PROCEDURES OF THIS SECTION HAVE BEEN MET. 31

SENATE BILL 196 9

(8) THE ADMINISTRATIVE LAW JUDGE SHALL STATE ON THE RECORD 1
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW. 2

(9) THE DETERMINATION OF THE ADMINISTRATIVE LAW JUDGE IS A 3
FINAL DECISION FOR T HE PURPOSE OF JUDICI AL REVIEW OF A FINAL DECISION 4
UNDER THE ADMINISTRATIVE PROCEDURE ACT. 5

(P) (1) WITHIN 14 CALENDAR DAYS FROM T HE DECISION OF THE 6
ADMINISTRATIVE LAW JUDGE, THE INDIVIDUAL OR THE FACILITY MAY APPEAL THE 7
DECISION TO THE CIRC UIT COURT ON THE REC ORD FROM THE HEARING 8
CONDUCTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS. 9

(2) THE SCOPE OF REVIEW S HALL BE AS A CONTEST ED CASE UNDER 10
THE ADMINISTRATIVE PROCEDURE ACT. 11

(3) (I) REVIEW SHALL BE ON TH E AUDIOPHONIC TAPE W ITHOUT 12
THE NECESSITY OF TRA NSCRIPTION OF THE TA PE, UNLESS EITHER PARTY TO THE 13
APPEAL REQUESTS TRANSCRIPTION OF THE TAPE. 14

(II) A REQUEST FOR TRANSCRI PTION OF THE TAPE SH ALL BE 15
MADE AT THE TIME THE APPEAL IS FILED. 16

(III) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL 17
PREPARE THE TRANSCRI PTION PRIOR TO THE A PPEAL HEARING, AND THE PARTY 18
REQUESTING THE TRANSCRIPTION SHALL BEAR THE COST OF TRANSCRIPTION. 19

(4) THE CIRCUIT COURT SHA LL HEAR AND ISSUE A DECISION ON AN 20
APPEAL WITHIN 7 CALENDAR DAYS FROM THE DATE THE APPEAL WAS FILED. 21

(Q) (1) ADMINISTRATION OF PSY CHOTROPIC MEDICATION IN 22
ACCORDANCE WITH THIS SECTION MAY N OT BE APPROVED FOR L ONGER THAN 90 23
DAYS. 24

(2) (I) BEFORE EXPIRATION OF AN APPROVAL PERIOD U NDER 25
PARAGRAPH (1) OF THIS SUBSECTION , IF THE INCARCERATED INDIVIDUAL 26
CONTINUES TO REFUSE PSYCHOTROPIC MEDICAT ION, A COMMITTEE MAY BE 27
CONVENED TO DECIDE WHETHER RENEWAL IS WARRANTED. 28

(II) IF A COMMITTEE APPROV ES THE RENEWAL OF TH E 29
ADMINISTRATION OF PS YCHOTROPIC MEDICATIO N, THE ADMINISTRATION O F 30
MEDICATION NEED NOT BE INTERRUPTED WHEN THE INCARCERATED INDIVIDUAL 31
REQUESTS ADMINISTRATIVE REVIEW OF THE RENEWAL. 32

10 SENATE BILL 196

(R) WHEN PSYCHOTROPIC MEDICATION IS ORDERED IN ACCORDANCE WITH 1
THIS SECTION , NOT LESS FREQUENTLY THAN EVERY 15 DAYS, THE TREATING 2
PRACTITIONER SHALL DOCUMENT ANY K NOWN BENEFITS OF TAK ING THE 3
MEDICATION TO THE IN CARCERATED INDIV IDUAL AND SIDE EFFEC TS OF THE 4
MEDICATION THAT AFFECT THE INCARCERATED INDIVIDUAL. 5

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2026. 7