EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0908*
HOUSE BILL 908
J1 2lr2662
By: Delegate Bagnall
Introduced and read first time: February 7, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Mental Health – Emergency Evaluations – Modification to Peace Officer 2
Transport Requirement 3
FOR the purpose of requiring a peace officer, when the peace officer has a petition for 4
emergency evaluation for an individual, to transport the emergency evaluee to an 5
emergency facility, instead of to the nearest emergency facility; and generally 6
relating to the transport of emergency evaluees to emergency facilities. 7
BY repealing and reenacting, without amendments, 8
Article – Health – General 9
Section 10–620 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 10–624(a) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20
10–620. 21
(a) In Part IV of this subtitle the following words have the meanings indicated. 22
(b) “Court” means a district or circuit court of this State. 23
2 HOUSE BILL 908
(c) “Emergency evaluee” means an individual for whom an emergency evaluation 1
is sought or made under Part IV of this subtitle. 2
(d) (1) “Emergency facility” means a facility that the Department designates, 3
in writing, as an emergency facility. 4
(2) “Emergency facility” includes a licensed general hospital that has an 5
emergency room, unless the Department, after consultation with the health officer, 6
exempts the hospital. 7
(e) “Emergency facility personnel” means a physician, physician assistant, nurse 8
practitioner, or other advanced practice professional employed or under contract with the 9
emergency facility. 10
(f) (1) “Mental disorder” means the behavioral or other symptoms that 11
indicate: 12
(i) To a lay petitioner who is submitting an emergency petition, a 13
clear disturbance in the mental functioning of another individual; and 14
(ii) To the following health professionals doing an examination, at 15
least one mental disorder that is described in the version of the American Psychiatric 16
Association’s “Diagnostic and Statistical Manual – Mental Disorders” that is current at the 17
time of the examination: 18
1. Physician; 19
2. Psychologist; 20
3. Clinical social worker; 21
4. Licensed clinical professional counselor; 22
5. Clinical nurse specialist in psychiatric and mental health 23
nursing (APRN/PMH); 24
6. Psychiatric nurse practitioner (CRNP–PMH); or 25
7. Licensed clinical marriage and family therapist. 26
(2) “Mental disorder” does not include intellectual disability. 27
(g) “Peace officer” means a sheriff, a deputy sheriff, a State police officer, a county 28
police officer, a municipal or other local police officer, or a Secret Service agent who is a 29
sworn special agent of the United States Secret Service or Department of Homeland 30
Security authorized to exercise powers delegated under 18 U.S.C. § 3056. 31
HOUSE BILL 908 3
10–624. 1
(a) (1) A peace officer shall take an emergency evaluee to [the nearest] AN 2
emergency facility if the peace officer has a petition under Part IV of this subtitle that: 3
(i) Has been endorsed by a court within the last 5 days; or 4
(ii) Is signed and submitted by a physician, psychologist, clinical 5
social worker, licensed clinical professional counselor, clinical nurse specialist in 6
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 7
marriage and family therapist, health officer or designee of a health officer, or peace officer. 8
(2) To the extent practicable, a peace officer shall notify the emergency 9
facility in advance that the peace officer is bringing an emergency evaluee to the emergency 10
facility. 11
(3) After a peace officer brings the emergency evaluee to an emergency 12
facility, the peace officer need not stay unless, because the emergency evaluee is violent, 13
emergency facility personnel ask the supervisor of the peace officer to have the peace officer 14
stay. 15
(4) A peace officer shall stay until the supervisor responds to the request 16
for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace 17
officer to stay. 18
(5) If emergency facility personnel ask that a peace officer stay, a physician 19
shall examine the emergency evaluee as promptly as possible. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22