MD
Maryland Senate Bill SB2

Maryland 2022 Regular Session

Maryland Senate Bill SB2 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 79
21
3-– 1 –
4-Chapter 79
5-(Senate Bill 2)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0002*
89
9-Mental Health Law – Petitions for Emergency Evaluation – Electronic Record
10+SENATE BILL 2
11+J1 2lr1022
12+ (PRE–FILED) CF HB 32
13+By: Senator Augustine
14+Requested: October 28, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 8, 2022
1020
11-FOR the purpose of authorizing a petition for emergency evaluation to be in the form of an
12-electronic record and transmitted and received electronically; and generally relating
13-to petitions for emergency evaluation.
21+CHAPTER ______
1422
15-BY repealing and reenacting, with amendments,
16- Article – Health – General
17-Section 10–601 and 10–624
18- Annotated Code of Maryland
19- (2019 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2024
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-That the Laws of Maryland read as follows:
25+Mental Health Law – Petitions for Emergency Evaluation – Electronic Record 2
2326
24-Article – Health – General
27+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
2530
26-10–601.
31+BY repealing and reenacting, with amendments, 6
32+ Article – Health – General 7
33+Section 10–601 and 10–624 8
34+ Annotated Code of Maryland 9
35+ (2019 Replacement Volume and 2021 Supplement) 10
2736
28- (a) In this subtitle the following words have the meanings indicated.
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
38+That the Laws of Maryland read as follows: 12
2939
30- (b) “Clinical social worker” means an individual who is licensed under Title 19 of
31-the Health Occupations Article to practice clinical social work.
40+Article – Health – General 13
3241
33- (C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CREATED, GENERATED ,
34-SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS.
42+10–601. 14
3543
36- [(c)] (D) “Licensed clinical marriage and family therapist” means an individual
37-who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice
38-clinical marriage and family therapy.
44+ (a) In this subtitle the following words have the meanings indicated. 15
3945
40- [(d)] (E) “Licensed clinical professional counselor” means an individual who is
41-licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical
42-professional counseling.
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 SENATE BILL 2
4349
44- [(e)] (F) “Physician” means an individual who is licensed under Title 14 of the
45-Health Occupations Article to practice medicine in this State.
4650
47- [(f)] (G) “Psychiatric nurse practitioner” means an individual who is:
48- Ch. 79 2022 LAWS OF MARYLAND
51+ (C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CREATED, GENERATED , 1
52+SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS. 2
4953
50-– 2 –
51- (1) Licensed as a registered nurse and certified as a nurse practitioner
52-under Title 8 of the Health Occupations Article; and
54+ [(c)] (D) “Licensed clinical marriage and family therapist” means an individual 3
55+who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice 4
56+clinical marriage and family therapy. 5
5357
54- (2) Practicing in the State as a certified registered nurse
55-practitioner–psychiatric mental health.
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
5661
57- [(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the
58-Health Occupations Article to practice psychology.
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
5964
60-10–624.
65+ [(f)] (G) “Psychiatric nurse practitioner” means an individual who is: 11
6166
62- (a) (1) A peace officer shall take an emergency evaluee to the nearest
63-emergency facility if the peace officer has a petition under Part IV of this subtitle that:
67+ (1) Licensed as a registered nurse and certified as a nurse practitioner 12
68+under Title 8 of the Health Occupations Article; and 13
6469
65- (i) Has been endorsed by a court within the last 5 days; or
70+ (2) Practicing in the State as a certified registered nurse 14
71+practitioner–psychiatric mental health. 15
6672
67- (ii) Is signed and submitted by a physician, psychologist, clinical
68-social worker, licensed clinical professional counselor, clinical nurse specialist in
69-psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical
70-marriage and family therapist, health officer or designee of a health officer, or peace officer.
73+ [(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the 16
74+Health Occupations Article to practice psychology. 17
7175
72- (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS
73-SUBSECTION MAY BE IN:
76+10–624. 18
7477
75- (I) IN THE FORM OF AN ELECT RONIC RECORD ; AND
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
7680
77- (II) TRANSMITTED AND RECEI VED ELECTRONICALLY .
81+ (i) Has been endorsed by a court within the last 5 days; or 21
7882
79- (3) To the extent practicable, a peace officer shall notify the emergency
80-facility in advance that the peace officer is bringing an emergency evaluee to the emergency
81-facility.
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
8287
83- [(3)] (4) After a peace officer brings the emergency evaluee to an
84-emergency facility, the peace officer need not stay unless, because the emergency evaluee
85-is violent, emergency facility personnel ask the supervisor of the peace officer to have the
86-peace officer stay.
88+ (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 26
89+SUBSECTION MAY BE IN: 27
8790
88- [(4)] (5) A peace officer shall stay until the supervisor responds to the
89-request for assistance. If the emergency evaluee is violent, the supervisor shall allow the
90-peace officer to stay.
91+ (I) IN THE FORM OF AN ELECT RONIC RECORD ; AND 28
9192
92- [(5)] (6) If emergency facility personnel ask that a peace officer stay, a
93-physician shall examine the emergency evaluee as promptly as possible.
94- LAWRENCE J. HOGAN, JR., Governor Ch. 79
93+ (II) TRANSMITTED AND RECEI VED ELECTRONICALLY . 29
94+ SENATE BILL 2 3
9595
96-– 3 –
97- (b) (1) If the petition is executed properly, the emergency facility shall accept
98-the emergency evaluee.
9996
100- (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS
101-SUBSECTION MAY BE IN:
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
102100
103- (I) IN THE FORM OF AN ELECT RONIC RECORD ; AND
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
104105
105- (II) TRANSMITTED AND RECEI VED ELECTRONICALLY .
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
106109
107- (3) Within 6 hours after an emergency evaluee is brought to an emergency
108-facility, a physician shall examine the emergency evaluee, to determine whether the
109-emergency evaluee meets the requirements for involuntary admission.
110+ [(5)] (6) If emergency facility personnel ask that a peace officer stay, a 11
111+physician shall examine the emergency evaluee as promptly as possible. 12
110112
111- [(3)] (4) Promptly after the examination, the emergency evaluee shall be
112-released unless the emergency evaluee:
113+ (b) (1) If the petition is executed properly, the emergency facility shall accept 13
114+the emergency evaluee. 14
113115
114- (i) Asks for voluntary admission; or
116+ (2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS 15
117+SUBSECTION MAY BE IN: 16
115118
116- (ii) Meets the requirements for involuntary admission.
119+ (I) IN THE FORM OF AN ELECT RONIC RECORD ; AND 17
117120
118- [(4)] (5) An emergency evaluee may not be kept at an emergency facility
119-for more than 30 hours.
121+ (II) TRANSMITTED AND RECEI VED ELECTRONICALLY . 18
120122
121- SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect
122-October 1, 2022.
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
123126
124-Approved by the Governor, April 12, 2022.
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+