Application by individual

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    (a)    Except as provided in § 10–611 of this subtitle, application for voluntary admission of an individual to a facility may be made under this section by the individual, if the individual is 16 years old or older.

    (b)    The applicant shall:

        (1)    Submit a formal, written application that contains the personal information and is on the form required by the Administration; or

        (2)    Informally request admission.

    (c)    A facility may not admit an individual under this section unless:

        (1)    The individual has a mental disorder;

        (2)    The mental disorder is susceptible to care or treatment;

        (3)    The individual understands the nature of the request for admission;

        (4)    The individual is able to give continuous assent to retention by the facility; and

        (5)    The individual is able to ask for release.

    (d)    (1)    In addition to the limitations in subsection (c) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.

        (2)    If admission is denied because of the determination of the geriatric evaluation team, the team shall:

            (i)    Inform the individual; and

            (ii)    Help the individual obtain the less restrictive form of care or treatment that the geriatric evaluation team finds would be adequate for the needs of the individual.


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