MD SB549

Requires mental health facilities to verbally inform individuals upon admission, using plain language, of their right to have a family member or other authorized individual participate in treatment plan meetings, and to use a separate plain-language form when requesting consent for such participation.

Requires facilities, when consent is given, to provide the individual and authorized family member or other individual with a model mental health advance directive form developed by the Department and information on supported decision-making agreements.

Mandates that facilities recognize mental health advance directives, durable powers of attorney for health care, and supported decision-making agreements as formal requests for a designated person to participate in the development, review, and reassessment of the individual's treatment plan.

Tightens the standard for withholding treatment plan information from authorized third parties by replacing a provider's subjective "best clinical interest" judgment with a requirement for a specific, written finding in the patient record that the authorized individual's presence is causing demonstrable emotional or physical harm.

Allows a treating provider to override participation rights established through an advance directive, power of attorney, or supported decision-making agreement only after conducting a formal capacity assessment, finding the individual has capacity, obtaining the individual's explicit and formal objection, and documenting both the capacity finding and objection in the patient record. The act takes effect October 1, 2026.