WES MOORE, Governor Ch. 942
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Chapter 942
(Senate Bill 729)
AN ACT concerning
Security Guards – Use of Force Reporting – Health Care–Related Physical
Interventions
Business Occupations and Professions – Security Guards – Use of Force
Reporting, Standards, and Certifications
FOR the purpose of providing that a health care–related physical intervention does not
constitute use of force for purposes relating to a certain report required to be made
to the Secretary of State Police; prohibiting a certain report from including certain
information; requiring the employer of a security guard providing security guard
services on the premises of a health care facility to report certain information to the
Secretary of State Police; altering the effective date of certain provisions of law
relating to security guards; and generally relating to use of force reporting by
security guards.
BY repealing and reenacting, with amendments,
Article – Business Occupations and Professions
Section 19–414
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
(As enacted by Chapter 763 of the Acts of the General Assembly of 2023)
BY repealing and reenacting, with amendments,
Chapter 763 of the Acts of the General Assembly of 2023
Section 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Occupations and Professions
19–414.
(a) (1) In this section[, “use] THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED .
(2) “HEALTH CARE–RELATED PHYSICAL INT ERVENTION” MEANS AN
ACT THAT IS:
(I) PERFORMED ON THE PRE MISES OF A HEALTH CA RE
FACILITY, AS DEFINED IN § 15–10B–01 OF THE INSURANCE ARTICLE, AT THE Ch. 942 2024 LAWS OF MARYLAND
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DIRECTION OF A DOCTO R OR NURSE WHI LE ACTING IN THE COU RSE OF THE
DOCTOR’S OR NURSE’S EMPLOYMENT ; AND
(II) 1. A PHYSICAL ACTION OR THE USE OF A DEVICE THAT
CANNOT BE EASILY REM OVED TO PREVENT , SUPPRESS, OR CONTROL HEAD , BODY,
OR LIMB MOVEMENT ; OR
2. THE ADMINISTRATION O F DRUGS WITH THE INTENT
OF SIGNIFICANTLY CUR TAILING THE NORMAL M OBILITY OR NORMAL PH YSICAL
ACTIVITY OF AN INDIV IDUAL IN ORDER TO PR OTECT THE INDIVIDUAL FROM
INJURING THE INDIVID UAL OR ANOTHER .
(3) (I) “USE of force” means:
[(i)] 1. any physical striking of an individual;
[(ii)] 2. any significant physical contact that restricts the
movement of an individual, including control techniques; or
[(iii)] 3. the detainment of an individual without the individual’s
consent.
[(2)] (II) “Use of force” includes:
[(i)] 1. the discharge of a firearm;
[(ii)] 2. the discharge of pepper mace, as defined in § 4–101 of the
Criminal Law Article; and
[(iii)] 3. the use of an electronic control device, as defined in §
4–109 of the Criminal Law Article.
[(3)] (III) “Use of force” does not include mere presence, verbal commands,
[or] escorting an individual with minimal resistance, OR A HEALTH CARE –RELATED
PHYSICAL INTERVENTIO N THAT WAS REPORTED AS AN ADVERSE EVENT TO THE
MARYLAND DEPARTMENT OF HEALTH.
(b) (1) Subject to paragraph (2) of this subsection, a security guard shall report
any use of force against a person while providing security guard services on behalf of the
licensed security guard agency or for the security guard employer to the security guard
agency or the security guard employer within 48 hours after the use of force on a form
provided by the Secretary.
WES MOORE, Governor Ch. 942
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(2) A security guard is not required to report any use of force against a
person within 48 hours after the use of force if the security guard is seriously injured or
disabled.
(c) (1) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , A
licensed security guard agency or security guard employer shall, in accordance with
[paragraph] PARAGRAPHS (2) AND (3) of this subsection, report any use of force by a
security guard while providing security guard services on its behalf or for it to the Secretary
within 48 hours after receiving the form completed under subsection (b)(1) of this section.
(2) The use of force report under paragraph (1) of this subsection shall
include:
(i) the type of encounter;
(ii) the type of force used;
(iii) the location of the incident where force was used;
(iv) whether the individual against whom force was used was
arrested and, if known, what charges the individual received;
(v) whether the individual against whom force was used requested
or required medical care;
(vi) whether the security guard requested or required medical care;
(vii) demographic information about any individuals against whom
force was used and any security guard involved in the incident, including race, ethnicity,
gender, and age; and
(viii) the form completed under subsection (b)(1) of this section.
(3) A USE OF FORCE REPORT UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT INCL UDE INFORMATION THAT IS PROHIBITED FROM
DISCLOSURE BY STATE OR FEDERAL LAW .
(D) THE EMPLOYER OF A SEC URITY GUARD PROVIDIN G SECURITY GUARD
SERVICES ON THE PREM ISES OF A HEALTH CAR E FACILITY, AS DEFINED IN § 19–114
OF THE HEALTH – GENERAL ARTICLE, SHALL REPORT EVERY 7 DAYS TO THE
SECRETARY OF STATE POLICE ON THE NUMBER OF CODE GREENS INITI ATED FOR
COMBATIVE PERSONS AN D CODE PURPLES INITI ATED FOR SECURITY –ONLY
RESPONSES, AS THOSE EMERGENCY C ODES ARE IDENTIFIED IN TITLE 10 OF THE
CODE OF MARYLAND REGULATIONS, OCCURRING IN THE PRE VIOUS 7 DAYS.
Ch. 942 2024 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read
as follows:
Chapter 763 of the Acts of 2023
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
[June 1, 2024] JANUARY 1, 2025.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
take effect June 1, 2024 January 1, 2025, the effective date of Chapter 763 of the Acts of
the General Assembly of 2023. If the effective date of Chapter 763 is amended, Section 1 of
this Act shall take effect on the taking effect of Chapter 763.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect June 1, 2024.
Approved by the Governor, May 16, 2024.