EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1277*
HOUSE BILL 1277
E4 4lr2357
CF SB 729
By: Delegates Embry and Amprey
Introduced and read first time: February 8, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Security Guards – Use of Force Reporting – Health Care–Related Physical 2
Interventions 3
FOR the purpose of providing that a health care–related physical intervention does not 4
constitute use of force for purposes relating to a certain report required to be made 5
to the Secretary of State Police; prohibiting a certain report from including certain 6
information; and generally relating to use of force reporting by security guards. 7
BY repealing and reenacting, with amendments, 8
Article – Business Occupations and Professions 9
Section 19–414 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2023 Supplement) 12
(As enacted by Chapter 763 of the Acts of the General Assembly of 2023) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Business Occupations and Professions 16
19–414. 17
(a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE 18
MEANINGS INDICATED . 19
(2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN 20
ACT THAT IS: 21
(I) PERFORMED ON THE PREMISES OF A HEALTH CARE 22
FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE 23 2 HOUSE BILL 1277
DIRECTION OF A DOCTOR OR NURSE WHILE ACTING IN THE COURSE OF THE 1
DOCTOR’S OR NURSE’S EMPLOYMENT ; AND 2
(II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT 3
CANNOT BE EASILY REM OVED TO PREVENT, SUPPRESS, OR CONTROL HEAD, BODY, 4
OR LIMB MOVEMENT ; OR 5
2. THE ADMINISTRATION O F DRUGS WITH THE INT ENT 6
OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL 7
ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM 8
INJURING THE INDIVID UAL OR ANOTHER. 9
(3) (I) “USE of force” means: 10
[(i)] 1. any physical striking of an individual; 11
[(ii)] 2. any significant physical contact that restricts the 12
movement of an individual, including control techniques; or 13
[(iii)] 3. the detainment of an individual without the individual’s 14
consent. 15
[(2)] (II) “Use of force” includes: 16
[(i)] 1. the discharge of a firearm; 17
[(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the 18
Criminal Law Article; and 19
[(iii)] 3. the use of an electronic control device, as defined in § 20
4–109 of the Criminal Law Article. 21
[(3)] (III) “Use of force” does not include mere presence, verbal commands, 22
[or] escorting an individual with minimal resistance, OR A HEALTH CARE–RELATED 23
PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE 24
MARYLAND DEPARTMENT OF HEALTH. 25
(b) (1) Subject to paragraph (2) of this subsection, a security guard shall report 26
any use of force against a person while providing security guard services on behalf of the 27
licensed security guard agency or for the security guard employer to the security guard 28
agency or the security guard employer within 48 hours after the use of force on a form 29
provided by the Secretary. 30
HOUSE BILL 1277 3
(2) A security guard is not required to report any use of force against a 1
person within 48 hours after the use of force if the security guard is seriously injured or 2
disabled. 3
(c) (1) A licensed security guard agency or security guard employer shall, in 4
accordance with [paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use 5
of force by a security guard while providing security guard services on its behalf or for it to 6
the Secretary within 48 hours after receiving the form completed under subsection (b)(1) of 7
this section. 8
(2) The use of force report under paragraph (1) of this subsection shall 9
include: 10
(i) the type of encounter; 11
(ii) the type of force used; 12
(iii) the location of the incident where force was used; 13
(iv) whether the individual against whom force was used was 14
arrested and, if known, what charges the individual received; 15
(v) whether the individual against whom force was used requested 16
or required medical care; 17
(vi) whether the security guard requested or required medical care; 18
(vii) demographic information about any individuals against whom 19
force was used and any security guard involved in the incident, including race, ethnicity, 20
gender, and age; and 21
(viii) the form completed under subsection (b)(1) of this section. 22
(3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS 23
SUBSECTION MAY NOT INCLUDE INFO RMATION THAT IS PROH IBITED FROM 24
DISCLOSURE BY STATE OR FEDERAL LAW . 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
1, 2024, the effective date of Chapter 763 of the Acts of the General Assembly of 2023. If 27
the effective date of Chapter 763 is amended, this Act shall take effect on the taking effect 28
of Chapter 763. 29