§ 9-612

Maryland § 9-612

• Jurisdiction: Maryland
• Article gcs: Correctional Services
• Title: 9

Text

(a) The Department or the managing official of a local correctional facility shall provide an incarcerated individual who has been sentenced to a term of incarceration in the Division of Correction or a term of at least 60 days in a local correctional facility and who has been diagnosed with a mental illness with access to a 30–day supply of medication for the mental illness on the release of the incarcerated individual.

(b) Subsection (a) of this section does not apply to pretrial incarcerated individuals.

(c) Part of the 30–day supply of medication provided under subsection (a) of this section may be provided by prescription if the incarcerated individual is provided sufficient medication on release that enables the incarcerated individual to remain medication–compliant until additional medication becomes available from filling the prescription.

(d) This section shall apply only if a treating physician determines that:

(1) the released incarcerated individual’s possession of medication in the quantity prescribed is in the best interest of the incarcerated individual; and

(2) possession of the prescribed medication will not constitute a danger to the released incarcerated individual.

(e) The Department, an employee of the Department, a local correctional facility, an employee of a local correctional facility, or an agent of the Department or local correctional facility, including a physician or corporate entity providing medical services to incarcerated individuals on behalf of the Department or local correctional facility, may not be held liable under this section for issuing medication or a prescription for medication to an incarcerated individual on the incarcerated individual’s release notwithstanding that the released incarcerated individual:

(1) is no longer under the care or supervision of the prescribing physician; and

(2) may be without medical supervision for the period during which the medication has been administered.