§ 10-6A-09

§10–6A–09. IN EFFECT

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

(a) In this section, “material change” means an addition or a deletion of a category of services to or from the treatment plan.

(b) At any time during the period of an order for assisted outpatient treatment, a petitioner, a care coordination team member, or a respondent may move that the court stay, vacate, or modify the order.

(c) A respondent under an order under this subtitle is not required to comply with a material change to the treatment plan unless the material change is explicitly authorized in advance by the terms of the order or incorporated by the court on a finding by clear and convincing evidence that the material change is essential to the maintenance of the respondent’s health or safety.

(d) (1) Subject to paragraph (2) of this subsection, not later than 30 days after receiving a motion, and any timely responses to the motion, for a material change to the incorporated treatment plan, the court shall issue a ruling on the motion and any timely responses to the motion.

(2) If the respondent informs the court that the respondent agrees to the proposed material change, the court may incorporate the material change into the treatment plan.

(e) A respondent under an assisted outpatient treatment order is required to comply with nonmaterial changes to the treatment plan without further action by the court.

(f) (1) This section may not be construed to require a treating psychiatrist to delay changes to the respondent’s treatment plan as circumstances may immediately require.

(2) If a treating psychiatrist makes a change to a treatment plan due to immediate necessity, a care coordination team member shall notify the following:

(i) The respondent;

(ii) The respondent’s attorney; and

(iii) If applicable and known, the respondent’s guardian and health care agent.