EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 2
J1 2lr1022
(PRE–FILED) CF HB 32
By: Senator Augustine
Requested: October 28, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Mental Health Law – Petitions for Emergency Evaluation – Electronic Record 2
FOR the purpose of authorizing a petition for emergency evaluation to be in the form of an 3
electronic record; and generally relating to petitions for emergency evaluation. 4
BY repealing and reenacting, with amendments, 5
Article – Health – General 6
Section 10–601 and 10–624 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Health – General 12
10–601. 13
(a) In this subtitle the following words have the meanings indicated. 14
(b) “Clinical social worker” means an individual who is licensed under Title 19 of 15
the Health Occupations Article to practice clinical social work. 16
(C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CR EATED, GENERATED , 17
SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS. 18
[(c)] (D) “Licensed clinical marriage and family therapist” means an individual 19
who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice 20
clinical marriage and family therapy. 21 2 SENATE BILL 2
[(d)] (E) “Licensed clinical professional counselor” means an individual who is 1
licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical 2
professional counseling. 3
[(e)] (F) “Physician” means an individual who is licensed under Title 14 of the 4
Health Occupations Article to practice medicine in this State. 5
[(f)] (G) “Psychiatric nurse practitioner” means an individual who is: 6
(1) Licensed as a registered nurse and certified as a nurse practitioner 7
under Title 8 of the Health Occupations Article; and 8
(2) Practicing in the State as a certified registered nurse 9
practitioner–psychiatric mental health. 10
[(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the 11
Health Occupations Article to practice psychology. 12
10–624. 13
(a) (1) A peace officer shall take an emergency evaluee to the nearest 14
emergency facility if the peace officer has a petition under Part IV of this subtitle that: 15
(i) Has been endorsed by a court within the last 5 days; or 16
(ii) Is signed and submitted by a physician, psychologist, clinical 17
social worker, licensed clinical professional counselor, clinical nurse specialist in 18
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical 19
marriage and family therapist, health officer or designee of a health officer, or peace officer. 20
(2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION MAY BE IN THE FORM OF AN ELECT RONIC RECORD . 22
(3) To the extent practicable, a peace officer shall notify the emergency 23
facility in advance that the peace officer is bringing an emergency evaluee to the emergency 24
facility. 25
[(3)] (4) After a peace officer brings the emergency evaluee to an 26
emergency facility, the peace officer need not stay unless, because the emergency evaluee 27
is violent, emergency facility personnel ask the supervisor of the peace officer to have the 28
peace officer stay. 29
[(4)] (5) A peace officer shall stay until the supervisor responds to the 30
request for assistance. If the emergency evaluee is violent, the supervisor shall allow the 31
peace officer to stay. 32 SENATE BILL 2 3
[(5)] (6) If emergency facility personnel ask that a peace officer stay, a 1
physician shall examine the emergency evaluee as promptly as possible. 2
(b) (1) If the petition is executed properly, the emergency facility shall accept 3
the emergency evaluee. 4
(2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION MAY BE IN THE FORM OF AN ELECT RONIC RECORD . 6
(3) Within 6 hours after an emergency evaluee is brought to an emergency 7
facility, a physician shall examine the emergency evaluee, to determine whether the 8
emergency evaluee meets the requirements for involuntary admission. 9
[(3)] (4) Promptly after the examination, the emergency evaluee shall be 10
released unless the emergency evaluee: 11
(i) Asks for voluntary admission; or 12
(ii) Meets the requirements for involuntary admission. 13
[(4)] (5) An emergency evaluee may not be kept at an emergency facility 14
for more than 30 hours. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17