LAWRENCE J. HOGAN, JR., Governor Ch. 79
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Chapter 79
(Senate Bill 2)
AN ACT concerning
Mental Health Law – Petitions for Emergency Evaluation – Electronic Record
FOR the purpose of authorizing a petition for emergency evaluation to be in the form of an
electronic record and transmitted and received electronically; and generally relating
to petitions for emergency evaluation.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 10–601 and 10–624
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
10–601.
(a) In this subtitle the following words have the meanings indicated.
(b) “Clinical social worker” means an individual who is licensed under Title 19 of
the Health Occupations Article to practice clinical social work.
(C) “ELECTRONIC RECORD ” MEANS A DOCUMENT CREATED, GENERATED ,
SENT, COMMUNICATED , RECEIVED, OR STORED BY ELECTRO NIC MEANS.
[(c)] (D) “Licensed clinical marriage and family therapist” means an individual
who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice
clinical marriage and family therapy.
[(d)] (E) “Licensed clinical professional counselor” means an individual who is
licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical
professional counseling.
[(e)] (F) “Physician” means an individual who is licensed under Title 14 of the
Health Occupations Article to practice medicine in this State.
[(f)] (G) “Psychiatric nurse practitioner” means an individual who is:
Ch. 79 2022 LAWS OF MARYLAND
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(1) Licensed as a registered nurse and certified as a nurse practitioner
under Title 8 of the Health Occupations Article; and
(2) Practicing in the State as a certified registered nurse
practitioner–psychiatric mental health.
[(g)] (H) “Psychologist” means an individual who is licensed under Title 18 of the
Health Occupations Article to practice psychology.
10–624.
(a) (1) A peace officer shall take an emergency evaluee to the nearest
emergency facility if the peace officer has a petition under Part IV of this subtitle that:
(i) Has been endorsed by a court within the last 5 days; or
(ii) Is signed and submitted by a physician, psychologist, clinical
social worker, licensed clinical professional counselor, clinical nurse specialist in
psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical
marriage and family therapist, health officer or designee of a health officer, or peace officer.
(2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY BE IN:
(I) IN THE FORM OF AN ELECT RONIC RECORD ; AND
(II) TRANSMITTED AND RECEI VED ELECTRONICALLY .
(3) To the extent practicable, a peace officer shall notify the emergency
facility in advance that the peace officer is bringing an emergency evaluee to the emergency
facility.
[(3)] (4) After a peace officer brings the emergency evaluee to an
emergency facility, the peace officer need not stay unless, because the emergency evaluee
is violent, emergency facility personnel ask the supervisor of the peace officer to have the
peace officer stay.
[(4)] (5) A peace officer shall stay until the supervisor responds to the
request for assistance. If the emergency evaluee is violent, the supervisor shall allow the
peace officer to stay.
[(5)] (6) If emergency facility personnel ask that a peace officer stay, a
physician shall examine the emergency evaluee as promptly as possible.
LAWRENCE J. HOGAN, JR., Governor Ch. 79
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(b) (1) If the petition is executed properly, the emergency facility shall accept
the emergency evaluee.
(2) THE PETITION REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY BE IN:
(I) IN THE FORM OF AN ELECT RONIC RECORD ; AND
(II) TRANSMITTED AND RECEI VED ELECTRONICALLY .
(3) Within 6 hours after an emergency evaluee is brought to an emergency
facility, a physician shall examine the emergency evaluee, to determine whether the
emergency evaluee meets the requirements for involuntary admission.
[(3)] (4) Promptly after the examination, the emergency evaluee shall be
released unless the emergency evaluee:
(i) Asks for voluntary admission; or
(ii) Meets the requirements for involuntary admission.
[(4)] (5) An emergency evaluee may not be kept at an emergency facility
for more than 30 hours.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect
October 1, 2022.
Approved by the Governor, April 12, 2022.