Maryland 2022 Regular Session

Maryland House Bill HB908 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0908
6	6
7	7	HOUSE BILL 908
8	8	J1 2lr2662
9	9
10	10	By: Delegate Bagnall
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Mental Health – Emergency Evaluations – Modification to Peace Officer 2
19	19	Transport Requirement 3
20	20
21	21	FOR the purpose of requiring a peace officer, when the peace officer has a petition for 4
22	22	emergency evaluation for an individual, to transport the emergency evaluee to an 5
23	23	emergency facility, instead of to the nearest emergency facility; and generally 6
24	24	relating to the transport of emergency evaluees to emergency facilities. 7
25	25
26	26	BY repealing and reenacting, without amendments, 8
27	27	Article – Health – General 9
28	28	Section 10–620 10
29	29	Annotated Code of Maryland 11
30	30	(2019 Replacement Volume and 2021 Supplement) 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – Health – General 14
34	34	Section 10–624(a) 15
35	35	Annotated Code of Maryland 16
36	36	(2019 Replacement Volume and 2021 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Health – General 20
42	42
43	43	10–620. 21
44	44
45	45	(a) In Part IV of this subtitle the following words have the meanings indicated. 22
46	46
47	47	(b) “Court” means a district or circuit court of this State. 23
48	48	2 HOUSE BILL 908
49	49
50	50
51	51	(c) “Emergency evaluee” means an individual for whom an emergency evaluation 1
52	52	is sought or made under Part IV of this subtitle. 2
53	53
54	54	(d) (1) “Emergency facility” means a facility that the Department designates, 3
55	55	in writing, as an emergency facility. 4
56	56
57	57	(2) “Emergency facility” includes a licensed general hospital that has an 5
58	58	emergency room, unless the Department, after consultation with the health officer, 6
59	59	exempts the hospital. 7
60	60
61	61	(e) “Emergency facility personnel” means a physician, physician assistant, nurse 8
62	62	practitioner, or other advanced practice professional employed or under contract with the 9
63	63	emergency facility. 10
64	64
65	65	(f) (1) “Mental disorder” means the behavioral or other symptoms that 11
66	66	indicate: 12
67	67
68	68	(i) To a lay petitioner who is submitting an emergency petition, a 13
69	69	clear disturbance in the mental functioning of another individual; and 14
70	70
71	71	(ii) To the following health professionals doing an examination, at 15
72	72	least one mental disorder that is described in the version of the American Psychiatric 16
73	73	Association’s “Diagnostic and Statistical Manual – Mental Disorders” that is current at the 17
74	74	time of the examination: 18
75	75
76	76	1. Physician; 19
77	77
78	78	2. Psychologist; 20
79	79
80	80	3. Clinical social worker; 21
81	81
82	82	4. Licensed clinical professional counselor; 22
83	83
84	84	5. Clinical nurse specialist in psychiatric and mental health 23
85	85	nursing (APRN/PMH); 24
86	86
87	87	6. Psychiatric nurse practitioner (CRNP–PMH); or 25
88	88
89	89	7. Licensed clinical marriage and family therapist. 26
90	90
91	91	(2) “Mental disorder” does not include intellectual disability. 27
92	92
93	93	(g) “Peace officer” means a sheriff, a deputy sheriff, a State police officer, a county 28
94	94	police officer, a municipal or other local police officer, or a Secret Service agent who is a 29
95	95	sworn special agent of the United States Secret Service or Department of Homeland 30
96	96	Security authorized to exercise powers delegated under 18 U.S.C. § 3056. 31
97	97	HOUSE BILL 908 3
98	98
99	99
100	100	10–624. 1
101	101
102	102	(a) (1) A peace officer shall take an emergency evaluee to [the nearest] AN 2
103	103	emergency facility if the peace officer has a petition under Part IV of this subtitle that: 3
104	104
105	105	(i) Has been endorsed by a court within the last 5 days; or 4
106	106
107	107	(ii) Is signed and submitted by a physician, psychologist, clinical 5
108	108	social worker, licensed clinical professional counselor, clinical nurse specialist in 6
109	109	psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 7
110	110	marriage and family therapist, health officer or designee of a health officer, or peace officer. 8
111	111
112	112	(2) To the extent practicable, a peace officer shall notify the emergency 9
113	113	facility in advance that the peace officer is bringing an emergency evaluee to the emergency 10
114	114	facility. 11
115	115
116	116	(3) After a peace officer brings the emergency evaluee to an emergency 12
117	117	facility, the peace officer need not stay unless, because the emergency evaluee is violent, 13
118	118	emergency facility personnel ask the supervisor of the peace officer to have the peace officer 14
119	119	stay. 15
120	120
121	121	(4) A peace officer shall stay until the supervisor responds to the request 16
122	122	for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace 17
123	123	officer to stay. 18
124	124
125	125	(5) If emergency facility personnel ask that a peace officer stay, a physician 19
126	126	shall examine the emergency evaluee as promptly as possible. 20
127	127
128	128	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
129	129	October 1, 2022. 22