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2332
LAWS OF MARYLAND
Ch. 579
Article 43, or his designee, the emergency admittee shall be
transported by emergency vehicle to the closest designated
emergency facility with the assistance of a peace officer if
necessary. It is not the duty of the peace officer to
assist after the assumption of responsibility for an
emergency admittee by a hospital, unless a physician at the
facility requests the officer in writing to continue his
assistance. The emergency admittee may be detained in the
emergency facility for not more than 24 hours without
judicial endorsement. The petition shall receive judicial
review within 24 hours of the time the emergency admittee
was taken into custody, unless within 6 hours of such
custody, the emergency admittee is certified for involuntary
admission under Section 12 of this Article, in which case,
the judicial review shall consist of the court's review of
the petition and the certificate of involuntary commitment.
Except as provided in the preceding sentence, the judicial
review of a petition for emergency admission shall consist
of a hearing before any judge of a District Court or circuit
court for the purpose of reviewing the petition,
interviewing the petitioner and considering all the other
pertinent data, including the report or findings of the
emergency facility, as outlined in subsection (e), where the
emergency admittee is being detained. On the basis of all
of this information the court shall make a finding to be
endorsed on the petition as to the existence of probable
cause to detain the emergency admittee for an additional
period of 96 hours beginning from the time the emergency
admittee was taken into custody, at the end of which period
the emergency admittee's detention under the provisions of
this subtitle shall terminate. If the judge does not
endorse the petition, he shall likewise indicate the fact on
the petition, and no further action shall be taken under
that petition and the emergency admittee shall be forthwith
released from custody. If the court finds that a petition
for emergency admission under this section falls within the
coverage of Section 13-709 of the Estates and Trusts
Article, it shall treat the petition as if it were a
petition for an order for emergency protective services
under that section and shall conduct the proceedings and
make findings in accordance with that section.
(e) Within six hours after being taken into custody
and transported to an emergency facility the emergency
admittee shall be examined by a physician to determine
whether the emergency admittee meets the criteria necessary
for an involuntary admission pursuant to § 12 of this
article. If the examining physician finds that the
emergency admittee meets the criteria for involuntary
admission and is unwilling or unable to be a voluntary
patient, the physician shall take the necessary steps to
have the emergency admittee admitted to an appropriate
facility pursuant to Section 12. An appropriate facility
includes a general hospital with licensed inpatient
psychiatric units.
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