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.
*sb0729*
SENATE BILL 729
E4 4lr2965
CF HB 1277
By: Senator Carter
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 29, 2024
CHAPTER ______
AN ACT concerning 1
Security Guards – Use of Force Reporting – Health Care–Related Physical 2
Interventions 3
Business Occupations and Professions – Security Guards – Use of Force 4
Reporting, Standards, and Certifications 5
FOR the purpose of providing that a health care–related physical intervention does not 6
constitute use of force for purposes relating to a certain report required to be made 7
to the Secretary of State Police; prohibiting a certain report from including certain 8
information; requiring the employer of a security guard providing security guard 9
services on the premises of a health care facility to report certain information to the 10
Secretary of State Police; altering the effective date of certain provisions of law 11
relating to security guards; and generally relating to use of force reporting by 12
security guards. 13
BY repealing and reenacting, with amendments, 14
Article – Business Occupations and Professions 15
Section 19–414 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2023 Supplement) 18
(As enacted by Chapter 763 of the Acts of the General Assembly of 2023) 19
BY repealing and reenacting, with amendments, 20
Chapter 763 of the Acts of the General Assembly of 2023 21
Section 2 22
2 SENATE BILL 729
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Occupations and Professions 3
19–414. 4
(a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE 5
MEANINGS INDICATED . 6
(2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN 7
ACT THAT IS: 8
(I) PERFORMED ON THE PRE MISES OF A HEALTH CA RE 9
FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE 10
DIRECTION OF A DOCTO R OR NURSE WHI LE ACTING IN THE COU RSE OF THE 11
DOCTOR’S OR NURSE’S EMPLOYMENT ; AND 12
(II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT 13
CANNOT BE EASILY REM OVED TO PREVENT , SUPPRESS, OR CONTROL HEAD , BODY, 14
OR LIMB MOVEMENT ; OR 15
2. THE ADMINISTRATION O F DRUGS WITH THE INTENT 16
OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL 17
ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM 18
INJURING THE INDIVID UAL OR ANOTHER . 19
(3) (I) “USE of force” means: 20
[(i)] 1. any physical striking of an individual; 21
[(ii)] 2. any significant physical contact that restricts the 22
movement of an individual, including control techniques; or 23
[(iii)] 3. the detainment of an individual without the individual’s 24
consent. 25
[(2)] (II) “Use of force” includes: 26
[(i)] 1. the discharge of a firearm; 27
[(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the 28
Criminal Law Article; and 29
SENATE BILL 729 3
[(iii)] 3. the use of an electronic control device, as defined in § 1
4–109 of the Criminal Law Article. 2
[(3)] (III) “Use of force” does not include mere presence, verbal commands, 3
[or] escorting an individual with minimal resistance, OR A HEALTH CARE –RELATED 4
PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE 5
MARYLAND DEPARTMENT OF HEALTH. 6
(b) (1) Subject to paragraph (2) of this subsection, a security guard shall report 7
any use of force against a person while providing security guard services on behalf of the 8
licensed security guard agency or for the security guard employer to the security guard 9
agency or the security guard employer within 48 hours after the use of force on a form 10
provided by the Secretary. 11
(2) A security guard is not required to report any use of force against a 12
person within 48 hours after the use of force if the security guard is seriously injured or 13
disabled. 14
(c) (1) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , A 15
licensed security guard agency or security guard employer shall, in accordance with 16
[paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use of force by a 17
security guard while providing security guard services on its behalf or for it to the Secretary 18
within 48 hours after receiving the form completed under subsection (b)(1) of this section. 19
(2) The use of force report under paragraph (1) of this subsection shall 20
include: 21
(i) the type of encounter; 22
(ii) the type of force used; 23
(iii) the location of the incident where force was used; 24
(iv) whether the individual against whom force was used was 25
arrested and, if known, what charges the individual received; 26
(v) whether the individual against whom force was used requested 27
or required medical care; 28
(vi) whether the security guard requested or required medical care; 29
(vii) demographic information about any individuals against whom 30
force was used and any security guard involved in the incident, including race, ethnicity, 31
gender, and age; and 32
(viii) the form completed under subsection (b)(1) of this section. 33 4 SENATE BILL 729
(3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION MAY NOT I NCLUDE INFORMATION T HAT IS PROHIBITED FR OM 2
DISCLOSURE BY STATE OR FEDERAL LAW . 3
(D) THE EMPLOYER OF A SEC URITY GUARD PROVIDIN G SECURITY GUARD 4
SERVICES ON THE PREM ISES OF A HEALTH CAR E FACILITY, AS DEFINED IN § 19–114 5
OF THE HEALTH – GENERAL ARTICLE, SHALL REPORT EVERY 7 DAYS TO THE 6
SECRETARY OF STATE POLICE ON THE NUMBER OF CODE GREENS INITI ATED FOR 7
COMBATIVE PERSONS AN D CODE PURPLES INITI ATED FOR SECURITY –ONLY 8
RESPONSES, AS THOSE EMERGENCY C ODES ARE IDENTIFIED IN TITLE 10 OF THE 9
CODE OF MARYLAND REGULATIONS, OCCURRING IN THE PRE VIOUS 7 DAYS. 10
SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 11
as follows: 12
Chapter 763 of the Acts of 2023 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t 14
[June 1, 2024] JANUARY 1, 2025. 15
SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 16
take effect June 1, 2024 January 1, 2025, the effective date of Chapter 763 of the Acts of 17
the General Assembly of 2023. If the effective date of Chapter 763 is amended, Section 1 of 18
this Act shall take effect on the taking effect of Chapter 763. 19
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 20
3 of this Act, this Act shall take effect June 1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.