| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0032* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 32 | |
| 11 | 8 | J1 2lr1021 | |
| 12 | - | (PRE–FILED) CF | |
| 9 | + | (PRE–FILED) CF 2lr1022 | |
| 13 | 10 | By: Delegate Bagnall | |
| 14 | 11 | Requested: October 28, 2021 | |
| 15 | 12 | Introduced and read first time: January 12, 2022 | |
| 16 | 13 | Assigned to: Health and Government Operations | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: February 15, 2022 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Mental Health Law – Petitions for Emergency Evaluation – Electronic Record 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of authorizing a petition for emergency evaluation to be in the form of an 3 | |
| 28 | - | electronic record and transmitted and received electronically; and generally relating 4 | |
| 29 | - | to petitions for emergency evaluation. 5 | |
| 22 | + | electronic record; and generally relating to petitions for emergency evaluation. 4 | |
| 30 | 23 | ||
| 31 | - | BY repealing and reenacting, with amendments, | |
| 32 | - | Article – Health – General | |
| 33 | - | Section 10–601 and 10–624 | |
| 34 | - | Annotated Code of Maryland | |
| 35 | - | (2019 Replacement Volume and 2021 Supplement) | |
| 24 | + | BY repealing and reenacting, with amendments, 5 | |
| 25 | + | Article – Health – General 6 | |
| 26 | + | Section 10–601 and 10–624 7 | |
| 27 | + | Annotated Code of Maryland 8 | |
| 28 | + | (2019 Replacement Volume and 2021 Supplement) 9 | |
| 36 | 29 | ||
| 37 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 38 | - | That the Laws of Maryland read as follows: | |
| 30 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 | |
| 31 | + | That the Laws of Maryland read as follows: 11 | |
| 39 | 32 | ||
| 40 | - | Article – Health – General | |
| 33 | + | Article – Health – General 12 | |
| 41 | 34 | ||
| 42 | - | 10–601. | |
| 35 | + | 10–601. 13 | |
| 43 | 36 | ||
| 44 | - | (a) In this subtitle the following words have the meanings indicated. | |
| 37 | + | (a) In this subtitle the following words have the meanings indicated. 14 | |
| 45 | 38 | ||
| 46 | - | (b) “Clinical social worker” means an individual who is licensed under Title 19 of 16 | |
| 47 | - | the Health Occupations Article to practice clinical social work. 17 | |
| 48 | - | 2 HOUSE BILL 32 | |
| 39 | + | (b) “Clinical social worker” means an individual who is licensed under Title 19 of 15 | |
| 40 | + | the Health Occupations Article to practice clinical social work. 16 | |
| 41 | + | ||
| 42 | + | (C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CREATED, GENERATED , 17 | |
| 43 | + | SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS. 18 | |
| 44 | + | ||
| 45 | + | [(c)] (D) “Licensed clinical marriage and family therapist” means an individual 19 | |
| 46 | + | who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice 20 | |
| 47 | + | clinical marriage and family therapy. 21 2 HOUSE BILL 32 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | (C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CREATED, GENERATED , 1 | |
| 52 | - | SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS. 2 | |
| 53 | 50 | ||
| 54 | - | [( | |
| 55 | - | ||
| 56 | - | ||
| 51 | + | [(d)] (E) “Licensed clinical professional counselor” means an individual who is 1 | |
| 52 | + | licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical 2 | |
| 53 | + | professional counseling. 3 | |
| 57 | 54 | ||
| 58 | - | [(d)] (E) “Licensed clinical professional counselor” means an individual who is 6 | |
| 59 | - | licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical 7 | |
| 60 | - | professional counseling. 8 | |
| 55 | + | [(e)] (F) “Physician” means an individual who is licensed under Title 14 of the 4 | |
| 56 | + | Health Occupations Article to practice medicine in this State. 5 | |
| 61 | 57 | ||
| 62 | - | [(e)] (F) “Physician” means an individual who is licensed under Title 14 of the 9 | |
| 63 | - | Health Occupations Article to practice medicine in this State. 10 | |
| 58 | + | [(f)] (G) “Psychiatric nurse practitioner” means an individual who is: 6 | |
| 64 | 59 | ||
| 65 | - | [(f)] (G) “Psychiatric nurse practitioner” means an individual who is: 11 | |
| 60 | + | (1) Licensed as a registered nurse and certified as a nurse practitioner 7 | |
| 61 | + | under Title 8 of the Health Occupations Article; and 8 | |
| 66 | 62 | ||
| 67 | - | ( | |
| 68 | - | ||
| 63 | + | (2) Practicing in the State as a certified registered nurse 9 | |
| 64 | + | practitioner–psychiatric mental health. 10 | |
| 69 | 65 | ||
| 70 | - | ( | |
| 71 | - | ||
| 66 | + | [(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the 11 | |
| 67 | + | Health Occupations Article to practice psychology. 12 | |
| 72 | 68 | ||
| 73 | - | [(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the 16 | |
| 74 | - | Health Occupations Article to practice psychology. 17 | |
| 69 | + | 10–624. 13 | |
| 75 | 70 | ||
| 76 | - | 10–624. 18 | |
| 71 | + | (a) (1) A peace officer shall take an emergency evaluee to the nearest 14 | |
| 72 | + | emergency facility if the peace officer has a petition under Part IV of this subtitle that: 15 | |
| 77 | 73 | ||
| 78 | - | (a) (1) A peace officer shall take an emergency evaluee to the nearest 19 | |
| 79 | - | emergency facility if the peace officer has a petition under Part IV of this subtitle that: 20 | |
| 74 | + | (i) Has been endorsed by a court within the last 5 days; or 16 | |
| 80 | 75 | ||
| 81 | - | (i) Has been endorsed by a court within the last 5 days; or 21 | |
| 76 | + | (ii) Is signed and submitted by a physician, psychologist, clinical 17 | |
| 77 | + | social worker, licensed clinical professional counselor, clinical nurse specialist in 18 | |
| 78 | + | psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 19 | |
| 79 | + | marriage and family therapist, health officer or designee of a health officer, or peace officer. 20 | |
| 82 | 80 | ||
| 83 | - | (ii) Is signed and submitted by a physician, psychologist, clinical 22 | |
| 84 | - | social worker, licensed clinical professional counselor, clinical nurse specialist in 23 | |
| 85 | - | psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 24 | |
| 86 | - | marriage and family therapist, health officer or designee of a health officer, or peace officer. 25 | |
| 81 | + | (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 21 | |
| 82 | + | SUBSECTION MAY BE IN THE FORM OF AN EL ECTRONIC RECORD. 22 | |
| 87 | 83 | ||
| 88 | - | (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 26 | |
| 89 | - | SUBSECTION MAY BE IN: 27 | |
| 84 | + | (3) To the extent practicable, a peace officer shall notify the emergency 23 | |
| 85 | + | facility in advance that the peace officer is bringing an emergency evaluee to the emergency 24 | |
| 86 | + | facility. 25 | |
| 90 | 87 | ||
| 91 | - | (I) IN THE FORM OF AN ELECT RONIC RECOR D; AND 28 | |
| 88 | + | [(3)] (4) After a peace officer brings the emergency evaluee to an 26 | |
| 89 | + | emergency facility, the peace officer need not stay unless, because the emergency evaluee 27 | |
| 90 | + | is violent, emergency facility personnel ask the supervisor of the peace officer to have the 28 | |
| 91 | + | peace officer stay. 29 | |
| 92 | 92 | ||
| 93 | - | (II) TRANSMITTED AND RECEI VED ELECTRONICALLY . 29 | |
| 94 | - | HOUSE BILL 32 3 | |
| 93 | + | [(4)] (5) A peace officer shall stay until the supervisor responds to the 30 | |
| 94 | + | request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 31 | |
| 95 | + | peace officer to stay. 32 HOUSE BILL 32 3 | |
| 95 | 96 | ||
| 96 | 97 | ||
| 97 | - | (3) To the extent practicable, a peace officer shall notify the emergency 1 | |
| 98 | - | facility in advance that the peace officer is bringing an emergency evaluee to the emergency 2 | |
| 99 | - | facility. 3 | |
| 100 | 98 | ||
| 101 | - | [(3)] (4) After a peace officer brings the emergency evaluee to an 4 | |
| 102 | - | emergency facility, the peace officer need not stay unless, because the emergency evaluee 5 | |
| 103 | - | is violent, emergency facility personnel ask the supervisor of the peace officer to have the 6 | |
| 104 | - | peace officer stay. 7 | |
| 99 | + | [(5)] (6) If emergency facility personnel ask that a peace officer stay, a 1 | |
| 100 | + | physician shall examine the emergency evaluee as promptly as possible. 2 | |
| 105 | 101 | ||
| 106 | - | [(4)] (5) A peace officer shall stay until the supervisor responds to the 8 | |
| 107 | - | request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 9 | |
| 108 | - | peace officer to stay. 10 | |
| 102 | + | (b) (1) If the petition is executed properly, the emergency facility shall accept 3 | |
| 103 | + | the emergency evaluee. 4 | |
| 109 | 104 | ||
| 110 | - | ||
| 111 | - | ||
| 105 | + | (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 5 | |
| 106 | + | SUBSECTION MAY BE IN THE FORM OF AN ELECT RONIC RECORD . 6 | |
| 112 | 107 | ||
| 113 | - | (b) (1) If the petition is executed properly, the emergency facility shall accept 13 | |
| 114 | - | the emergency evaluee. 14 | |
| 108 | + | (3) Within 6 hours after an emergency evaluee is brought to an emergency 7 | |
| 109 | + | facility, a physician shall examine the emergency evaluee, to determine whether the 8 | |
| 110 | + | emergency evaluee meets the requirements for involuntary admission. 9 | |
| 115 | 111 | ||
| 116 | - | ( | |
| 117 | - | ||
| 112 | + | [(3)] (4) Promptly after the examination, the emergency evaluee shall be 10 | |
| 113 | + | released unless the emergency evaluee: 11 | |
| 118 | 114 | ||
| 119 | - | (I) | |
| 115 | + | (i) Asks for voluntary admission; or 12 | |
| 120 | 116 | ||
| 121 | - | (II) | |
| 117 | + | (ii) Meets the requirements for involuntary admission. 13 | |
| 122 | 118 | ||
| 123 | - | (3) Within 6 hours after an emergency evaluee is brought to an emergency 19 | |
| 124 | - | facility, a physician shall examine the emergency evaluee, to determine whether the 20 | |
| 125 | - | emergency evaluee meets the requirements for involuntary admission. 21 | |
| 119 | + | [(4)] (5) An emergency evaluee may not be kept at an emergency facility 14 | |
| 120 | + | for more than 30 hours. 15 | |
| 126 | 121 | ||
| 127 | - | [(3)] (4) Promptly after the examination, the emergency evaluee shall be 22 | |
| 128 | - | released unless the emergency evaluee: 23 | |
| 129 | - | ||
| 130 | - | (i) Asks for voluntary admission; or 24 | |
| 131 | - | ||
| 132 | - | (ii) Meets the requirements for involuntary admission. 25 | |
| 133 | - | ||
| 134 | - | [(4)] (5) An emergency evaluee may not be kept at an emergency facility 26 | |
| 135 | - | for more than 30 hours. 27 | |
| 136 | - | ||
| 137 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 | |
| 138 | - | October 1, 2022. 29 | |
| 139 | - | ||
| 122 | + | SECTION 2. AND BE IT FURTHER ENACT ED, That this Act shall take effect 16 | |
| 123 | + | October 1, 2022. 17 |