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